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Regardless of what immigration policy outcome you desire, Justice Thomas is correct.

His dissent: “Under the auspices of today’s decision, administrations can bind their successors by unlawfully adopting significant legal changes through Executive Branch agency memoranda,”
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“Even if the agency lacked authority to effectuate the changes, the changes cannot be undone by the same agency in a successor administration un- less the successor provides sufficient policy justifications to the satisfaction of this Court.”
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“In other words, the majority erroneously holds that the agency is not only permitted, but required, to continue administering unlawful programs that it inherited from a previous administration.”
(3/4)
So basically, an administration can make permanent law by merely writing a memorandum and claiming prosecutorial discretion.

What role does that leave for Congress?

I think Bastiat would be aghast.
(4/4)
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