Then who is deporting all the people listed in this table [1]?
[1] https://ohss.dhs.gov/topics/immigration/yearbook/2019/table3...
The executive branch tends to have power of discretion in what to enforce and how.
No, it doesn’t. Plenty of lawsuits are around laws not being adequately enforced (and courts forcing such enforcement).
PAFACA was written (I didn’t name it) to command the operators of app stores and hosting companies. They’re the ones accruing liability. The President can ignore the law, but Apple and Google will accrue liabilities until the statute of limitations starts voiding them.
No.
One, our country has a rich tradition of third parties suing to compel the enforcement of laws. Two, we also have a rich tradition of successive presidents enforcing laws their predecessors didn't.
And as for the next president, well, he would just have to tell byte dance what his price is to allow them to operate.
Courts can compel the app stores to de-list. The President doesn’t need to personally enforce every law in the land.
Federally, only today. And federally, the judiciary has its own enforcement powers. (To say nothing of private liability caused by wilful lawbreaking, even if encouraged by the President.)
It’s why Apple and Google, informed by the most-expensive lawyers in the world, have for now de-listed TikTok.
The executive branch hasn’t enforced immigration laws for decades. The H1B system was supposed to be for “temporary” workers, yet executive non-enforcement turned it into a de facto permanent immigration pathway Congress never enacted. Similarly, President Biden refused to collect on a bunch of student loans the law provided should have been repaired. This doesn’t come close to a “power grab” under existing norms.
Someone should sue Trump over this, and we can use that precedent to force the executive to deport the million+ people who are here illegally have already exhausted their judicial process.