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The Executive Power Of Process In Immigration Law, Jill E. Family
The Executive Power Of Process In Immigration Law, Jill E. Family
Chicago-Kent Law Review
This article, part of an AALS symposium on executive power during the Obama administration, focuses on the role of procedure in the president’s implementation of immigration law. The president undeniably has power over immigration law, but the exact contours of that power are not clear. At times, the president acts via delegation from Congress. The president also may have inherent power over immigration law that is not dependent on a delegation. Such inherent power would be subject to the president’s discretion. Even when acting pursuant to delegated immigration power, the president operates within a wide ring of discretion granted by …
Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen
Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen
Chicago-Kent Law Review
The conventional wisdom, backed by legitimacy research, is that majority of people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local participation in immigration law enforcement. In the five years following initiation of the Secure Communities program, through which the federal government requests that local law enforcement agencies hold immigrants beyond their scheduled release upon suspicion that they are removable, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests—ultimately leading to the demise of the Secure …