The Office of Legal Counsel to the President last night released a legal opinion that lays out the legal authority and precedents for President Obama’s executive orders on the use of prosecutorial discretion to defer deportations. The Department of Homeland Security’s Authority to Prioritize Removal of Certain Aliens Unlawfully Present in the United States and to Defer Removal of Others (.pdf).
Moreover, a group of leading legal scholars has written a letter declaring Obama’s action is well within his legal authority to exercise broad discretion over how to employ the nation’s enforcement machinery. Legal Scholars: Obama’s Immigration Actions Lawful:
President Barack Obama’s announced immigration executive actions are lawful, a group of ten prominent legal scholars wrote in a Joint Letter (Scribd) shared by the White House with TIME.
Pushing back on Republicans who have blasted Obama’s action as unconstitutional and unlawful, the signatories include Columbia University President Lee Bollinger, Harvard Law School Professor Laurence Tribe, conservative legal scholar Eric Posner, and former Yale Law School Dean and former State Department Legal Advisor Harold Hongju Koh.


