No. The president or executive does not have the power simply to declare he wont enforce a whole class of laws simply because he disagrees with the law. Tht would make him a dictator.He's already under investigation so I doubt he fears much.
The states need to sue Obama for a writ of mandamus, ordering him to enforce laws on the books. Tennessee is already authorizing such a suit.
Prosecutor discretion is a power possessed by the President or any executive. Its gonna be an uphill suit.
Tell that to Reagan who arbitrarily determined by EO that he wouldn't deport 200,000 Nicaraguans, despite immigration law indicating they should all be deported.
Or Bush who arbitrarily determined by EO that he wouldn't deport spouses, despite immigration law indicating they should be deported.
Prosecutorial discretion existed when it was republicans making the EOs. It exists when a democrat makes them. There's a reason why republican lawsuits have such a piss poor record of success in court; because their legal arguments are based solely on the party of in power when an EO is issued. Not on the policy of the EO.
And judges can smell political theater from a mile away, even if you can't.
And the far left propaganda rolls on...
Obama 8217 s Immigration Amnesia