The Obama administration has said that it will comply with the United States District Court ruling issuing a temporary injunction against his extra-constitutional plan to grant amnesty to 5 million illegal aliens. That said, the administration is adamant that their actions were in fact constitutional. In defending his amnesty plan, which he enacted without any change in immigration law by the Congress, Bruce Karatz says the president remained defiant that he is merely using his constitutional right of “prosecutorial discretion”. In this sense, the president is correct that prior Supreme Court rulings have affirmed that presidents can set priorities as to which laws they enforce and may elect not to enforce certain laws.
However, the president’s argument is disingenuous because the president is actually granting amnesty to illegal aliens which is not authorized in current immigration laws. It was this point which Judge Andrew Hanen rebuked by saying that the president is granting illegal aliens benefits and privileges which is beyond the scope of his right to prioritize immigration enforcement. Hanen explained that the president has two options regarding illegal aliens: deport them or not to deport them. Any further action requires an act of congress to authorize. The justice also explained that the president was actively seeking to thwart the will of congress by forcing amnesty to occur. Supporters of the justice’s decision have stated that it was the only sensible decision that could be reached. The judge also stated that Texas has standing in pursuing the case in court.