David Martin, a former principal deputy general counsel at the Department of Homeland Security and a professor at the University of Virginia Law School, said Obama would be using “longstanding legal provisions” if he were to provide work authorization to undocumented immigrants. Martin noted that while issuing work permits goes beyond the usual understanding of prosecutorial discretion, the selective issuance of permits in the immigration field has been an accepted practice for decades. He alluded to the Reagan administration, which issued work authorization to foreigners granted d...
