Open Access. Powered by Scholars. Published by Universities.®

President/Executive Department Commons™

Open Access. Powered by Scholars. Published by Universities.®

2016

Immigration

Articles 1 - 4 of 4

Full-Text Articles in President/Executive Department

Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies Apr 2016

Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Go to article

Beyond Legality: The Legitimacy Of Executive Action In Immigration Law, Ming H. Chen Jan 2016

Beyond Legality: The Legitimacy Of Executive Action In Immigration Law, Ming H. Chen

Publications

Recent uses of executive action in immigration law have triggered accusations that the President is acting imperially, like a king, or as a lawbreaker. President Obama’s Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs, which provide protection from deportation and a work permit during a temporary period of lawful presence, serve as the lightning rod for these accusations. But even as legislative and litigation challenges to DACA proceed, many states appear to accept and comply with it, including nearly all of the states that have joined the Texas v United States lawsuit that challenges …

Go to article

Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan Jan 2016

Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan

University of Richmond Law Review

No abstract provided.

Go to article

Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan Jan 2016

Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan

Scholarly Works

President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous …

Go to article