Stone, Posner, Strauss: Are the President's Actions on Immigration Legal?

Are the President's Actions on Immigration Legal?

Questions have been raised about the legality of the executive actions recently taken by President Obama in the domain of immigration policy. A group of legal and constitutional scholars, from such institutions as Harvard, Yale, Chicago, and Columbia, have looked into this question. Without expressing any view on the merits of these executive actions as a matter of immigration policy, we are confident that they raise no credible legal or constitutional issue. Our statement to that effect is below:

We are law professors and lawyers who teach, study, and practice constitutional law and related subjects. We have reviewed the executive actions taken by the President on November 20, 2014, to establish priorities for removing undocumented noncitizens from the United States and to make deferred action available to certain noncitizens. While we differ among ourselves on many issues relating to presidential power and immigration policy, we are all of the view that these actions are lawful. They are exercises of prosecutorial discretion that are consistent with governing law and with the policies that Congress has expressed in the statutes that it has enacted.

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