And the problem with that is ...
From the Washington Times report on the Supreme Court argument over Arizona's immigration law:
...He (Justice Scalia) repeatedly peppered Mr. Verrilli with questions about whether there was another example where the courts had deferred to an administration’s priorities rather than the law.
“I think that’s an extraordinary basis for saying that the state is pre-empted,” Justice Scalia said. “It’s not criminalizing anything that isn’t criminal under federal law.”
Mr. Verrilli struggled to come up with an answer but said the state’s intent behind the law was the problem.
“The point of this provision is to drive unlawfully present people out of the state of Arizona,” he said....What Verrilli really struggled with was explaining why driving unlawfully present people out of the state was a bad thing. Again the administrations presented an incoherent case to the Supreme Court only weeks after it embarrassed itself with its arguments for Obamacare. What Verrilli could not admit to was that the Obama administration sees these unlawful immigrants as potential Democrat voters and the President is going to need all of them he can round up this fall.