Even if the administration complies with the notice-and-comment process of the APA — ****unlikely with only 20 months until the next election ****— such a broad policy of non-enforcement would still run afoul of the Take Care clause.
I’m searching the Administrative Procedure Act to see if it contains the same provision. Nevertheless, Simpson/Mazzoli seems pretty clear about any executive action allowing social security access by an employer to someone who is not legally in the country. It isn’t permitted without Congressional review. Somehow, Obama was getting these people jobs and getting them them social security. How did it not also fit Simpson/Mazzoli’s restrictions?
I don’t know, but I’d like to know.