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A Failure of Discretion

"Delays in background checks are at the root of the inaction, but the problem goes beyond that. Immigration advocates in the South are trying to stop the deportation of dozens of people who spoke out against abuses like dangerous working conditions, unlawful arrests, unpaid wages, racial...

Law Profs Write to Obama on Prosecutorial Discretion

"As immigration law teachers and scholars, we write to express our position on the scope of executive branch legal authority to issue an immigration directive to protect individuals or groups from deportation. We do not take a formal position on what steps the administration should take. Rather...

Executive Action and Prosecutorial Discretion: A Resource Page

"On June 20, 2014, President Obama stated “I’m beginning a new effort to fix as much of our immigration system as I can on my own, without Congress.” Yet it is still unclear when and what executive actions President Obama will take. Will his immigration legacy ultimately be remembered...

The Congressman Doth Protest Too Much, Methinks: Michael A. Olivas

"Representative Lamar Smith (R-TX) has written a letter to the Houston Chronicle indicating that I have misunderstood his views on the efficacy and legitimacy of Deferred Action and other forms of prosecutorial discretion, in my November 22, 2014 op-ed , also appearing in the Houston Chronicle....

Why Obama’s Executive Action on Immigration Excluded Parents of ‘DREAMers’

"As senior Obama administration officials worked behind the scenes for months this year to develop the legal rationale for deferring the deportation of millions of undocumented immigrants, there was one group they wanted to include that presented particular problems: the parents of “dreamers...