I wonder if he looked first at the Simpson/Mazzoli Act, and researched it further to get to the Administrative Procedure Act. I’m also hoping that he is on solid ground.
Simpson/Mazzoli is very clear, but it also specific to employers and social security access. That is valid concern when employing illegals, so it was added back when Simpson/Mazzoli was written.
The huge point in Simpson/Mazzoli, though, is that Congress intentionally with foresight imagined a president using executive action to circumvent Congressional law. That’s a stunning provision all by itself. But they also saw it happening in this area of illegal amnesty, and required it be subject to the Congress approving it.
If the Admin Procedure Act says essentially the same thing only in broader terms, then what we have is a legislative check on the president’s so-called ability to rule by executive orders.
Congress has foreseen such lawlessness and ruled it out of order, I hope.