Monday, October 1, 2012

John Yoo on the Deferred Action Program

Immigration Impact has an interesting post about the latest scholarship of Berkeley Law Prof John Yoo.

As a high-ranking Justice Department attorney after 9/11, Yoo authored an infamous legal memo arguing that the President, as commander-in-chief, had the legal authority to order the torture of alleged “enemy combatants.”   In a paper posted on the Social Science Research Network, Yoo and his co-author Robert Delahunty (St. Thomas-Minnesota) argue that, with the Deferred Action for Childhood Arrivals (DACA) program, President Obama has abandoned his constitutional responsibility to enforce the laws. Specifically, the article contends that the DACA initiative is such a broad application of prosecutorial discretion as to be incompatible with the constitutional requirement that the President “take care that the laws be faithfully executed.”


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