The American President took Dictator-like action on Friday, June 15th, 2012. President Obama enacted a new "policy" through the Department of Homeland Security to assign two year work visas to illegal immigrants in the United States.
Effectively, this selective non-enforcement of Title Code 8 is new ground and will be Case Law in how Congress and the Supreme Court react to it.

We enforced the border of Iraq better than we do our own.

You can read the Law as it stands on June 15, 2012 here:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr