Much to my surpriseand. of course. with great joythe Fifth Circuit Court of Appeals appears to have already issued a decision. dismissing such a complaint. It did so in 1997 when Governor George W. Bush was arguing that the Federal Governments failure to enforce our immigration laws violated article I. and the court rejected Texas argument that the Federal Government had breached a nondiscretionary duty to control immigration under the Immigration and Nationality Act. Specifically. the court said: "We are not aware of and have difficulty conceiving of any judicially discoverable standards for determining whether immigration control efforts by Congress are constitutionally adequate." Why? Because there is an interpretation of the law and an administrative component of the law. Likewise. in Heckler v.
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