The Immigration Reform Law Institute recently posted about how legal opinion is coming around to the idea that President Obama’s executive amnesty is beyond his legal power to act.
Chapman University law professor, John Eastman, recently wrote an article criticizing the Obama Administration for its latest amnesty directive, in particular, its use of “prosecutorial discretion” to issue work permits. The Office of Legal Counsel (OLC) itself has admitted that basing work authorizations on the doctrine has made it “unlike most exercises of enforcement discretion.” For Eastman, notwithstanding the exercise of “prosecutorial discretion” to provide blanket grants of amnesty, using it to provide work permits is “a distortion of the doctrine beyond recognition.”