I heard on the radio ( but cannot find a link) that a Federal Law, passed by Congress and signed by the president a few years ago ( pre- Obama) requires federal agents to begin deportation against anyone in their custody when it is known that they are here illegally.
Obama's Policy is to NOT do that.
I always thought a Law trumped an Executive Order. If not; if an EO trumps law, then why bother with the Congress. Just allow the President to dictate whatever he desires.
If the Law has priority, can Obama simply withdraw his Order and everything would be OK?

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MS,

With all due respect, I think you must have forgotten which President is doing this. In his mind he is NOT the POTUS, rather he is King.

Remember that he is the one that said "big, tough, messy democracy." He evidently thinks that him ruling everything is preferable to the idea of many of us that like our democracy.

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Annoy a Liberal, Read the Constitution

The only way I can see that an EO can override a statute is if the statute is unconstitutional. One example of an unconstitutional statute might be one that intrudes on the President's authority as Commander in Chief. The problem we have here is that we only have your recollection of somebody on the radio talking about what he or she understands the law to be. It's tough to pass judgment without better information than that.

Obama's rationale is that his EO deals with allocation of prosecutorial resources and the setting of priorities. My guess is that he is on solid ground, but maybe someone will chime in with better information.

Yeah, its hard to remember details from the radio while driving. They referenced a specific law by its title and year of passage. I looked to see if the show had referenced the law in their website, but not yet. If I find it, I'll surely post it here.
As to your illustration, I see your point. Congress could pass a law over the President's veto that proscribed action that is Constitutionally delegated to the Executive--at least in theory.

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Are we talking about the same President Obama who has deported more people to Mexico in the last three years than Bush did in eight?

And there seems to be a mixing of Executive Powers here. Since President Obama has only issued one EO, and it had nothing to do with this subject, then how can he rescind an EO he has never issued?

I think that question alone is more interesting than the original one since it presumes Time Travel. I know a bit about Quantum Physics, but not enough to build a time machine.

But that does not mean there is not one.

Don't need exec order, just make a signing statement. Done.

He's playing a game here and already there is movement to sue. He and Congress are well aware this is a move to get votes and to challenge it will go way beyond the election.
Now it becomes an issue of 'so what'.

Well, I have been spending a lot of time trying to find this law and where Obama has a policy concerning it.

I cannot find any such law mentioned except on right wing sites where none of them say which law it is. You just have to take their word that such a law exists and trust them that Obama is trying to thwart it.

Pretty thin stuff.

I did find a lot of references to state laws that seem to think they can tell the Federal government what to do and how the Feds are not doing what one state or another thinks they should. In this case it looks like state taxpayer money down the drain since the way the US Constitution is set up this type of 'law' will never fly.

And I cannot even find any reference to Obama staying any immigration order unless it is on a right wing site where it is taken as the Gospel that he did.

Can anyone site the law in question? Is it just a Urban Legend?

Since Obama became President deportations are at a recent all time high. I understand this fact does not fit with right wing fantasies, but the numbers are there for all to see. Could it be that Obama is so corrupt he is not even following his own policies?

Is Obama wandering the halls of the White House, talking to the painting of past Presidents like Nixon did, or consulting sooth-sayers like Reagan? Until he does I am not too worried about him becoming confused over his own policies.

Anyway, it is tough to get worked up about something that someone might have said that they thought was true but then maybe not. It reminds me of all those E-mails that start out, "I don't know if this is true, but I wish it was...."

I am somewhat guessing here, but.....

This could have something to do with President Obama declaring that he is ordering the suspension, for the next two years, of deportation of people who were bought here as children.

If this is the 'law' that is being referenced here then the answer is simple.

You cannot commit a crime without intending to do so. If there is no intent, there is no criminal action. So this puts all of these children in a sort of limbo since they are not here legally but they never intended to break a law.

The President has recognized this. His recent actions will save the US millions of dollars that are currently being spent trying to deport people who can easily get a Lawyer to walk into Court and bring the case to a halt since it is impossible for the Feds to prove intent.

The real losers here are the immigration Lawyers who have been getting rich off of this tactic.

And for those of you wondering why Romney is so quite about all of this? Well, what's he supposed to do? Say that if he is elected he will throw out the US Constitution since the laws don't apply if he says they don't?

How many unconstitutional laws are on the books still being enforced?
This line makes no sense.
Obama has directed his minions to not support certain laws, which should probably be grounds for impeachment.

No law has been overturned.

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I have no idea.Sorry. I did the best I could.Seems unlikely to me.

He was elected to serve and protect the COTUS and all our laws. Selective enforcement of the law to me ought to be be failure of that oath.

I think that it would be literally impossible to enforce every law.

That's arguable, however he has gone out of his way to not enforce many.