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The lifeline Barack Obama threw 5 million undocumented immigrants is seen as an exercise of discretion that historically only Congress can check, either through legislation or possibly impeachment.

Legal scholars say the president has strong arguments to deploy in defense of his executive order lifting the threat of deportation from millions of immigrants. And any lawsuits aimed at overturning it may not be resolved until after he leaves office.

Obama, a Democrat, said he will defer for three years the deportation of people who came to the U.S. as children, and of parents of children who are citizens or legal permanent residents.

The Swerving Path to Citizenship

The administrations legal rationale relies in part on priorities dictated by funding limits. It also looks to a decades-long tradition in immigration statutes and enforcement policies of favoring individuals with family ties and strong connections to the community.

The president always has discretion as to what laws to enforce, including who to deport, said Erwin Chemerinsky, dean of the law school at the University of California at Irvine. There is no question that this is within the presidents discretion to set priorities as to when to bring immigration deportation proceedings.

Texas Attorney General and Governor-elect Greg Abbott said President Obama has circumvented Congress and deliberately bypassed the will of the American people," following Obama's televised speech. Close

Texas Attorney General and Governor-elect Greg Abbott said President Obama has... Read More

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Texas Attorney General and Governor-elect Greg Abbott said President Obama has circumvented Congress and deliberately bypassed the will of the American people," following Obama's televised speech.

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Obama Foes Seen Getting No Court Help on Immigration