Class 15: Enforcement Discretion and the Shadow Immigration System
The powers of suspension and parole are discretionary authorities expressly delegated by Congress to the Executive. But the power to enforce the law also entails discretion—discretion that becomes all the more important in a world where nearly half of all noncitizens living in the United States are formally in violation of the law.
Reading:
Prosecutorial Discretion, DACA, and DAPA (769-81)
DHS v. Regents (read the majority opinion and parts I and II of Justice Thomas’s partial dissent)
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