Section 3 of the Constitution. the President. who is the nations Chief Executive. "shall take Care that the Laws be faithfully executed." In addition to establishing the Presidents obligation to execute the law. the Supreme Court has consistently interpreted the Take Care Clause as ensuring presidential control over those who execute and enforce the law and the authority to decide how best to enforce the laws. See. e.g.. Arizona v. United States. Bowsher v. Synar. Buckley V. Valeo. Printz v. United States. Free Enterprise Fund v. PCAOB. Every law enforcement agency. including the agencies that enforce immigration laws. has "prosecutorial discretion"-the power to decide whom to investigate. arrest. detain. charge. and prosecute. Agencies. including the U.S. Department of Homeland Security (DHS). may develop discretionary policies specific to the laws they are charged with enforcing. the population they serve. and the problems they face so that they can prioritize resources to meet mission critical enforcement goals.
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immigration