Cite as: 535 U. S. 137 (2002)
Breyer, J., dissenting
conclusion, rather than to substitute its own independent view of the matter for that of the Board. The Board reached its conclusion after carefully considering both labor law and immigration law. 326 N. L. R. B., at 1060-1062; see A. P. R. A. Fuel Oil Buyers Group, Inc., supra, at 412-414. In doing so the Board has acted "with a discriminating awareness of the consequences of its action" on the immigration laws. Burlington Truck Lines, Inc. v. United States, 371 U. S. 156, 174 (1962). The Attorney General, charged with immigration law enforcement, has told us that the Board is right. See 8 U. S. C. § 1324a(e) (Immigration and Naturalization Service placed within the Department of Justice, under authority of Attorney General who is charged with responsibility for immigration law enforcement); cf. United States v. Mead Corp., 533 U. S. 218, 258-259, n. 6 (2001) (Scalia, J., dissenting) (Solicitor General's statements represent agency's position); Jean v. Nelson, 472 U. S. 846, 856, and n. 3 (1985) (agency's position with respect to its regulation during litigation "arrives with some authority"). And the Board's position is, at the least, a reasonable one. Consequently, it is lawful. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 842- 843 (1984) (requiring courts to uphold reasonable agency position).
For these reasons, I respectfully dissent.
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