Making regulations the congress doesn't approve of is the same as making regulations they do approve of.
And anyone who says different is a racist!
For reference:
http://www.nytimes.com/1987/10/09/us/us-eases-rules-on-illegal-aliens-who-seek-amnesty.html
“... On another issue, the agency has generally refused to say how it would handle applications from a family of illegal aliens when some members qualified for legal status but others did not. Immigration lawyers said that such families could be split apart by a literal interpretation of the law.
Immigration officials offered assurance to some of those families today. Duane Austin, a spokesman for the immigration service, said the Government would not take action to deport minor children living with their parents when the parents qualified for amnesty but the children did not.”