The administration tried to argue that the granting of driver licenses was a choice of the states. But, as Hanen pointed out, it took the opposite position in the federal lawsuit to force Adidas Gazelle Dark Pink
Gov. There, the administration argued that Arizona had no choice but to grant the licenses. Far from being rogue, Hanen has crafted a narrow basis for his preliminary injunction that will require some intellectual gymnastics for appellate judges to reverse. Now, I support amnesty for those granted it through the Obama administration's executive action, although I think it is very important that electronic verification of work eligibility be made mandatory in conjunction with it.
istration has broad discretion in establishing priorities regarding the use of enforcement resources. He does not enjoin the administration's decision to go after certain immigration violators, Adidas Gazelle Indoor Dark Green Black & Gum mostly those who have committed other serious crimes, and leave others alone. But, Hanen concludes, the program goes beyond prosecutorial discretion regarding who to try to deport. That Adidas Gazelle Og Navy Pink
may or may not be constitutional. But it is not prosecutorial discretion. Adidas Gazelle Og Black And Red
Appellate judges will find a hard time arguing with that. The states have standing, Hanen concluded, most clearly because they will have to incur the expense of issuing driver licenses to those granted administrative amnesty. Texas subsidizes the issuance of driver licenses with general tax sources. And, under the Real ID Act, all states have to pay the federal government a fee to check the legal status of new driver license applicants. This cost is the injury that gets the states into the federal courthouse.
Which means that it was the equivalent of a rule change and had to be adopted through the APA procedures.
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