Why Obama’s Immigration Plan is Legal

Here, via Marty Lederman, is the opinion of the Office of Legal Counsel underlying President Obama’s new ‘deferred action policy’ on certain classes of undocumented immigrants.

Spoiler alert: the President is exercising powers delegated to him by Congress plus a dose of prosecutorial discretion. This really isn’t as if a future President were to say, “we will not enforce the estate tax.”

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