Riddled throughout President Obama’s Executive Order speech last night was something more than prosecutorial discretion and/or non-deportation.  Extensively disbursed throughout the proposal was a claim of lawful “work/employment status”.

[…]  Now here’s the thing: we expect people who live in this country to play by the rules.  We expect that those who cut the line will not be unfairly rewarded.  So we’re going to offer the following deal:  If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes – you’ll be able to apply to stay in this country temporarily, without fear of deportation.  You can come out of the shadows and get right with the law.

Later in the speech Obama condescendingly referenced the way he views the work of illegal aliens:

…[…] Are we a nation that tolerates the hypocrisy of a system where workers who pick our fruit and make our beds never have a chance to get right with the law?

Because in Obama’s America – Latino’s can only be fruit pickers, yard workers and housemaids right?  I digress.
Another employment reference follows moments later:

…[…] Over the past few years, I have seen the determination of immigrant fathers who worked two or three jobs, without taking a dime from the government, and at risk at any moment of losing it all, just to build a better life for their kids.

Well, you get the picture… the speech is filled with employment references.
Now, here’s the aspect worth thinking about.
If all Obama is doing is “not deporting” people, ergo he’s using his executive authority of prosecutorial discretion, and that’s the claim of those who say this is constitutional; well, how or what part of ‘non-deportation’ includes granting “work/employment authorization”?
Work and Employment eligibility, and the qualifications for allowable status of permission therein, is federal law.   If Obama is claiming he can provide legal work authorization he is executing a new law.  Such a decree clearly violates the separation of powers within the constitution.
If not deporting illegal aliens is constitutionally allowable under the auspices of executive branch prosecutorial discretion, you might win the argument.
However, if President Obama thinks he can arbitrarily grant a new status of legal employment eligibility, he’s grossly mistaken.  That would be making new employment law from the executive branch.
If, he’s not bullshitting in his speech, and if that construct is actually in the executive order he plans on signing, any court challenge raised in that regard he would most certainly lose.
So what gives?
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Final Thoughts:

• If the border is secure, how did the illegals get in?
• We already have a “pathway to citizenship”, people use the established legal process for immigration every year.
• We don’t have a “broken immigration system”, we have a “lack of enforcement” of the current immigration system in place.