“So DACA is either valid as prosecutorial discretion......”
Is there precedent for such a thing? Obviously it may be applied to individual cases, but to a criminal class of nearly 1 million?
“Congress did authorize prosecutorial discretion in 8 U.S.C. 1252, ..”
I’m not finding it. That seems to be on “Judicial review of a final order of removal”.
Prosecutorial discretion in immigration cases generally: Arizona v. United States, 132 S. Ct. at 2499 (“A principal feature of the removal system is the broad discretion exercised by immigration officials. Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all.”)
8 U.S.C. § 1252(g): “No court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter.”