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Full-Text Articles in Law
Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia
Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia
Journal Articles
This essay responds to “The Obama Administration, the DREAM Act and the Take Care Clause” by Robert J. Delahunty and John C. Yoo. Though I credit Yoo and Delahunty for considering the relationship between the DACA program and the President’s duties under the “Take Care” clause, they miss the mark in at least three ways: 1) Contrary to ignoring immigration enforcement, the Obama Administration has executed the immigration laws faithfully and forcefully; 2) Far from being a new policy that undercuts statutory law, prosecutorial discretion actions like DACA have been pursued by other presidents, and part of the immigration system …
Sharing Secrets: Examining Deferred Action And Transparancy In Immigration Law, Shoba S. Wadhia
Sharing Secrets: Examining Deferred Action And Transparancy In Immigration Law, Shoba S. Wadhia
Journal Articles
This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative law and criminal law. That article ends with specific recommendations for …