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Until a new law is passed, the government and courts have a duty to follow the current law.
by nelsondev 1y ago
Until a new law is passed, the government and courts have a duty to follow the current law.
- kccqzy 1y agoYou have misunderstood what it means to follow the law. The law guarantees liberties, but doesn't guarantee prosecution. Obama has DACA, which gives young illegal immigrants a deferral on their prosecution. More generally there's the concept of prosecutorial discretion. Have you ever for example driven a car badly, been pulled over, but the cop let you off with just a warning?
- thfuran 1y agoOr, for that matter, driven a car badly but not been pulled over at all? Surely in the interest of absolute lawfulness they then proceeded to the nearest police station to demand to be ticketed.
- remarkEon 1y agoSurely you understand the difference between a cop declining to issue a speeding ticket and a federal "discretionary" policy that makes it de facto legal to violate standing immigration law at scale.
- kccqzy 1y agoThere is no difference. People often complain during the pandemic that the San Francisco police department has seemingly instituted a "discretionary" policy that makes it de facto legal to violate traffic law at scale, you know, including speeding, not stopping at stop signs, not yielding to pedestrians. https://www.reddit.com/r/sanfrancisco/comments/11nbnxw/san_francisco_traffic_citations_20142023/ https://www.reddit.com/r/sanfrancisco/comments/11nbnxw/san_f...
- remarkEon 1y agoMaybe you are misunderstanding. A single cop deciding "okay today I'm letting you off with a warning" is quite different from the President directing the entire Federal bureaucracy to not enforce existing immigration law. If for some reason a large jurisdiction, say maybe the state of California, decided that it was policy to let everyone off with a warning for speeding infractions, then, if I squint hard enough and ignore a wide range of second and third order effects, then yeah maybe they are similar.