Screw that. That's playing by Rogers Rules of Order. Name me ONE law Obama follows. These people are going for broke; we gotta do the same.
We have Congress change the statute, and then our Republican President can 'Executive Order' it to apply to everyone, all the way back to 1900.
Laz...I know it seems like picking nits.
Funny...I went to a military college and dealt with a very, very strict honor code. We all became experts at looking at regulations and trying to find a way around them, under them, and over them. While we were rarely successful it taught us how to think. (And I am talking more about skirting regulations of shaving and rolling up your sleeves on the Winter B uniform...not cheating on tests.)
I tell you that because that is the way these people think. You do not have to use Congress, because the Congress has turned over regulatory issues to the Executive. This has gone on forever.
If the EPA wants to do something, they do not go to Congress—they simply change the procedures and regulations. Congress granted them that authority.
So, Obama looks at what regulations he can change, he looks at what is possible to direct, and who can do it. And once done, the bell cannot be unrung.
The key is to determine who is in the country when he does it. Because you know there will be an injunction to it the next day. Does the DHS and AG say, show me a 7/11 receipt that indicates you were in-country on the day before the ruling?
It is going to be a practical and judicial mess.