Legal Question in Constitutional Law in Kentucky

Re: Breaking the law

At both the state and federal levels, laws are enforced by the executive branch of the government. Most immigration laws are enforced by Immigration and Customs Enforcement (ICE), while others -- including the Border Patrol -- are enforced by Customs and Border Protection (CBP). Both of these agencies are part of the Department of Homeland Security (DHS). Before DHS was created, they were part of the former Immigration and Naturalization Service (INS).

The fact that many people have managed to get away with violating immigration laws does not mean that the laws are going unenforced. It simply means that the enforcement efforts are not 100% effective. The same is true of most other laws; there are people who get away with tax evasion even though the tax laws are enforced, just as there are people who get away with speeding even though the traffic laws are enforced. Why does one speeder get a ticket while another doesn't? Usually it comes down to luck.

The Supreme Court will never "step in" to resolve any type of situation because, like all federal courts, it can only rule in cases that have been brought before it. The Court will never initiate a case on its own.

Even if someone else were to bring such a case (and even assuming that the case made its way to the Supreme Court), it seems very unlikely that the Court would tell the executive branch what to do. Separation of powers is a fundamental principle of government in this country, and the judicial branch has no authority to tell the executive branch how to operate.

The courts can order the executive branch to obey the law, but the current state of enforcement of the immigration laws is not the result of illegal actions by the executive. Instead, it is the result of decisions about how much money the government should raise in taxes and about how that money should be allocated among its various functions. The courts have essentially no say in such decisions.