The critical issue here is one of legality. It is the issue of the legal power of Congress to determine the statutory arrangements of the Federal Government. Only Congress has that power. The transfer ordered by the Office of Management and Budget is an attempted usurpation of this congressional power. We can set aside for the moment the practical question of whether such a transfer of responsibilities from the Customs Service to the Immigration and Naturalization Service is desirableor even whether there is the remotest particle of good sense in such a proposal. Let us get clear on the legal issues involved here. First.
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