For the moment, I just want to see where the discussion goes. My opinions sometimes change as a result of reading reasoning here. I started out thinking that the only difference between my hypo and the immigration business was the very dangerous, “Well, we like these results but don’t like those,” which is, in my view, a really poor baseline principle.
But then someone pointed out that one law’s text actually mentions discretionary enforcement and the other’s does not. To me, that’s a much more solid base upon which to rest a distinction.