Tag Archives: immigration

What 2016 Gorsuch Opinions Could Mean for 2017 Re-Argument in Sessions v. Dimaya

by Michael Kagan — Monday, July 3, 2017@MichaelGKagan

At the end of its term, a shorthanded and evidently evenly divided Supreme Court scheduled two immigration cases for re-argument next term when nine justices can hear the cases. Of the two, Sessions v. Dimaya stands out because the ninth and newest justice has very recently issued opinions that seem to bear directly on key […]

Prosecutorial Discretion at ICE: My Latest FOIA Adventure, by Shoba Sivaprasad Wadhia

by Guest Blogger — Friday, May 26, 2017

Prosecutorial discretion refers to the decision made by employees of the Department of Homeland Security (DHS) about whether and to what extent immigration laws should be exercised against a person or group of persons. When DHS chooses to not pursue arrest or detention of an undocumented mother living in the United States for many years […]

De-Funding Sanctuary Cities, by Bernard W. Bell

by Guest Blogger — Tuesday, Mar. 28, 2017

Sanctuary cities protect undocumented aliens by adopting policies regarding: (1) inquiries into immigration status, (2) immigration-related detentions, or (3) information-sharing with federal officials. On January 25, President Trump issued Executive Order 13768, which threatens to withhold federal funds from jurisdictions that violate 8 U.S.C. §1373.[1] Section 1373, part of the Illegal Immigration Reform and Immigrant Responsibility […]

Faith in the Ninth Circuit

by Daniel Hemel — Thursday, Mar. 16, 2017

The Ninth Circuit’s decision to deny en banc review in Washington v. Trump was not, of course, the biggest development yesterday in litigation related to the President’s executive orders restricting entry from seven six overwhelmingly Muslim countries. But the Ninth Circuit’s denial of reconsideration—and, more specifically, Judge Bybee’s dissent from the denial—is worthy of attention […]

The Tenth Circuit vs. Brand X

by Daniel Hemel — Wednesday, Aug. 24, 2016

In the 2005 Brand X decision, the Supreme Court held that “[a] court’s prior judicial construction of a statute trumps an agency construction otherwise entitled to Chevron deference only if the prior court decision holds that its construction follows from the unambiguous terms of the statute.” Nat’l Cable & Telecomms. Ass’n v. Brand X Internet […]

Midnight Agency Adjudication, by Margaret H. Taylor

by Guest Blogger — Wednesday, Aug. 10, 2016

A presidential election year provides a good time to reflect on administrative law scholarship addressing presidential transitions. “Midnight rulemaking” is a term used to describe the well-documented phenomenon of an increase in the volume of regulatory activity in the three months preceding a presidential administration. Scholarly literature and policy studies of midnight rulemaking are voluminous. […]

The Aftermath of United States v. Texas: Rediscovering Deferred Action, by Shoba Sivaprasad Wadhia

by Guest Blogger — Wednesday, Aug. 10, 2016

On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA).[1] The 4-4 ruling […]

Whoever has the Power, Remember the Procedure, by Jill Family

by Guest Blogger — Monday, Mar. 14, 2016

Procedural fairness is not a policy priority in immigration law. Yes, the Supreme Court will hear oral argument soon in Texas v. United States, a case that raises questions about whether the Department of Homeland Security used appropriate procedures in formulating a prosecutorial discretion plan. In that case, some states are challenging the policy, arguing […]

Mooting the APA Challenge to Obama’s Immigration Policy

by Andy Grewal — Wednesday, Jan. 27, 2016

In a characteristically thoughtful post, my co-blogger Daniel Hemel considers a puzzle raised by the ongoing battle over the Obama administration’s decision to offer relief to some unlawful aliens. The Supreme Court, in United States v. Texas, will soon consider the legality of the administration’s actions under the “Deferred Action for Parents of Americans and […]

Policy, Politics, and Administrative Law: The Obama Administration’s Deferred Action Program

by Connor N. Raso — Monday, Apr. 20, 2015

The Obama administration’s deferred action program for eligible undocumented immigrants has thrust an obscure issue into the spotlight: when must federal agencies allow the public to comment on their policy initiatives? In February, a federal judge issued a temporary injunction against the program largely on the grounds that the Department of Homeland Security’s (DHS) decision […]