Is the deportation of any illegal immigrants constitutional?

[FarCenter]

If a defined class of illegal immigrants is given immunity to deportation by the executive, then it would seem that other illegal immigrants are being denied equal protection under the law and therefore they cannot be deported.

Therefore, the deportation of all illegal immigrants must cease.

[former9thward]

1. Obama did not give them immunity because he doesn't have the power to do that.

That can only be done by Congress. Obama has instructed the INS to not use their resources deporting those between 16-30, no criminal history, etc. Every enforcement agency has priorities. Obama has told INS to put their priorities with other groups. Th next president after Obama could reverse this priority if they wanted.

[FarCenter]

2. Prosecutorial discretion is OK on a case by case basis, but not with respect to a class of people

That would be "profiling" in much the same sense as has been declared unconstitutional in other law enforcement cases. In this case they are "profiling" a class of people against whom the law will not be enforced. This creates the excluded class against which the law will be enforced. Which deprives them of equal protection under the law.

[former9thward]

3. Well maybe someone will challenge using that theory but I don't see it going anywhere.

The only thing a judge could do is stop Obama's order and re-start deporting everyone. A court could not stop all deportations because immigration law is a duty assigned to Congress by the U.S. Constitution.

[FarCenter]

4. Someone who meets the other qualifications but doesn't have a HS diploma or GED might

How is it relevant legally that someone does not have a high school diploma or GED?

Especially since the person could argue that the reason that they do not have the diploma was that their family was afraid to enroll them because their immigration status might have been discovered.

[Hugabear]

6. He can certainly instruct the Justice Department on how to enforce the law

After all, the Presidency IS the executive branch.

It's really no different than the "war on drugs". The President can order the Justice Department to go lenient on drugs such as marijuana - although we've certainly seen that Obama has chosen not to do that.

[FarCenter]

8. He could refrain from prosecuting posesssion of fewer than 100 grams, for instance.

But he could not refrain from prosecuting red-headed men posessing fewer than 100 grams.

Possession of fewer than 100 grams is a criteria applied evenhandedly to all suspects.

The color of their hair advantages red-headed men and disadvantages brunettes and blond haired men. This would be unequal and unconstitutional.

[treestar]

5. prosecutorial discretion, use of resources

it wouldn't be quite equal. Criminal aliens, for instance, or aliens who willfully came illegally would be somewhat different.

[AverageJoe90]

7. Not unless they've committed a serious offense. nt

[Motown_Johnny]

9. A couple of things you have wrong there

First, Pres. Obama has not given immunity to anyone. He is simply prioritizing enforcement and there are hoops you need to jump through to get the two year stay of execution.... err.... well... you know what I mean.


Second, the 14th amendment guarantees due process. Twisting it to mean that someone brought here by their parents must be treated the same as someone who came here as an adult is one hell of a stretch.

[FarCenter]

10. What justifies treating a 31 year old differently than a 29 year old?

Given that the rest of their circumstances are equal and would qualify the 31 year old immigrant if not for his age?

[Motown_Johnny]

11. I don't understand that part of the new policy either.

Don't ask me to defend it, I can't.

[Honeycombe8]

12. They weren't given immunity. It's a request to the agency not to pursue

the deportation actively, and giving the right to those people to request to stay for two more years.

But even if it were immunity, the country has the right to set its immigration laws. It it wants to change the laws to make an exception for certain individuals, the U.S. has that right.