Tag Archives: immigration law

Employment Authorization and Prosecutorial Discretion: The Case for Immigration Unexceptionalism, by Shoba Sivaprasad Wadhia

by Guest Blogger — Wednesday, Feb. 10, 2016

The exercise of prosecutorial discretion or “PD” is an important feature in the immigration system. It requires each DHS component to make decisions about whether a person legally eligible for immigration enforcement should still be allowed to reside in the United States on a temporary basis. PD recognizes that in a universe of limited resources, […]

The Costs of Immigration Exceptionalism

by Chris Walker — Tuesday, Feb. 9, 2016@chris_j_walker

Thanks to the Obama Administration it seems a lot of scholars in immigration law and administrative law are starting to ponder more deeply the question presented by this online symposium: Is Immigration Law Administrative Law? To borrow a line from Justice Scalia’s Brand X dissent, “It is indeed a wonderful new world that the [Obama […]

Online Symposium: Is Immigration Law Administrative Law?, Introduction by Jill E. Family

by Guest Blogger — Monday, Feb. 8, 2016

What kind of law is immigration law? Is immigration law its own, exceptional creature, independent of all other areas of law? Or, is immigration law more porous, absorbing features of other closely related areas of law? Questions like these have challenged immigration law for some time. Even going back to the Nineteenth Century, the Supreme […]

DAPA’s Unlawful Presence Problem, by Michael Kagan

by Michael Kagan — Saturday, Feb. 6, 2016@MichaelGKagan

Like many immigration law professors, I have long thought that President Obama’s deferred action programs are within the Executive’s statutory and constitutional authority. But as I re-read the Fifth Circuit opinion and the briefs in US v. Texas, I am becoming persuaded that the states challenging DAPA may have a valid point about one aspect […]