What power does the president have to act on immigration issues?
As chief executive, the president not only has the duty to enforce laws, but also the authority to decide how to do so. Every law enforcement agency, including the agencies that enforce immigration laws, has“prosecutorial discretion” — the power to decide whom to investigate, arrest, detain,charge, and prosecute. Agencies may develop discretionary policies specific to the laws they’re charged with enforcing, the population they serve, and the problems they face. The U.S. Department of Homeland Security (DHS) may decide how to prioritize its resources in order to meet its stated enforcement goals. Executive authority to take action is thus “fairly wide,” as former INS Commissioner Doris Meissner has said.1 The Supreme Court has emphasized the federal government’s “broad discretion,” which includes consideration of “immediate human concerns.”2