mr. legomsky: yes. rep. marino: the president's deferred action, as far as i see it, is simply saying, i'm not going to prosecute now, but i may down the road and i may not. wouldn't you agree that those who are here, that the president to defer deportation is violating the law? mr. legomsky: i think i answered your first question too quickly. as long as discretion is left to the individual officer, whether to initiate prosecution, that does seem to be legal. i understood your hypothetical to mean there was no discretion. in this case, there is. the secretary has told the officers that even if the threshold criteria are met, they are to exercise discretion. rep. marino: with all due respect, i'm not hearing that from the officers. what i'm hearing is a direct order to not detain these individuals. let them go. again, i'm going to go back to the issue of, on an individual basis, there is discretion. but the people that are here are here illegally, or the president would not have to issue an order saying to do for th