“Isnt Obama frustrating the will of Congress by refusing to enforce duly passed laws?”
As I understand it, the unconstitutional part of the EO is that he’s actually writing new law.
When he says folks here 5 years can apply for work permits, etc, this is entirely his own doing. There is no law passed by congress saying illegals in the US since 2009 or earlier may be issued permits, etc.
However, he can say something like, since there’s only X dollars in the budget for INS and there’s not enough to deport everyone, we’re only going to deport some.