Yes they can. It has to be in writing to get the cabinet to do it, and anything in writing is actionable.
His memos require the executive branch employees to follow the existing law.
He has to have an EO to put any amnesty into effect. No EO, no unlawful amnesty.
So no, you are incorrect.
And besides, the congress doesn't have the Constitutional right to go directly to the Supreme Court. In Art III, the States do have the right to go directly to the Supreme Court.
/johnny
Let me rephrase then - the GOP and SCOTUS has (and will) DO NOTHING when the Emperor tells his Alphabets not to enforce existing law by his decree - which as we have already seen, does not even have to be written for the Alphabets to enact. Case-in-point: DOMA.
Same thing here with "prosecutorial discretion". We have "law" by decree, and laws that are now arbitrary based on personal assent, meaning his wishes can be verbal and the drones in the Oligarchy carry out His Heinous' wishes.
Look, we suffered a velvet coup. There is no stopping this tyranny via civil means. The rule of law is dead.