A Grave Threat to Separation of Powers

… priorities’ but also ‘foreign-policy objectives.’ In line with those principles, this Court has declared that the Executive Branch also retains discretion over whether to remove a noncitizen from the United States. In addition to the Article II problems raised by judicial review of the Executive Branch’s arrest and prosecution policies, courts generally lack meaningful standards for assessing the propriety of enforcement choices in this area. After all, the Executive Branch must prioritize its enforcement efforts. That is because the Executive Branch (i) invariably lacks the resources to arrest and prosecute every violator of every law and (ii) must constantly react and adjust to the ever-shifting public-safety and public welfare needs of the American people.”

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