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“deferred action” also would be eligible to receive work permits. citizen (or green-card holding) children. Unauthorized immigrants who have lived for years in the United States and have Under it, executiveīranch officials would exercise discretion to defer the deportation of Measure of security to millions of unauthorized immigrants. The centerpiece of his announcement was an initiative designed to provide a
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On November 20, 2014, President Obama announced sweeping Ruebhausen Fund at Yale Law School, for generous Katie Kavanagh, Beezly Kiernan, Gabe Panek, and Susan Smelcer. Outstanding research support of Meg Braun, Olivia Gibbons, Kate Huddleston, Law, Economics, and Politics Workshop at NYU. Stanford Law Schools, the legal theory workshop at Columbia Law School, and the Strauss, and participants in the faculty workshops at NYU, Berkeley, and Shalev Roisman, Adam Samaha, Peter Schuck, David Sklansky, David Strauss, Peter Martin, Nick Parrillo, Dave Pozen, Daphna Renan, Judith Resnik, Ricky Revesz, Kornhauser, Marty Lederman, Steve Legomsky, Ethan Leib, Daryl Levinson, Dave Sharp insights and generous comments, many thanks to Muneer Ahmad, Rachelīarkow, Ming Hsu Chen, John Ferejohn, Jamal Greene, Rick Hills, Dan Ho, Lewis Is the Leighton Homer Surbeck Professor of Law, Yale Law School. Kindler Professor of Law, NYU School of Law.
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Unwise to use constitutional law to limit the President’s authority over how to To govern the enforcement power, we believe it is generally unnecessary and Moreover, while our focus on discretion’s institutionalization requiresĬontextualized judgments that may rarely translate into clear doctrinal rules Undermining deterrence or legal compliance, as some critics have worried. The enforcement bureaucracy ultimately advance core rule-of-law values without More transparent to the public than is customary. Process, constrain the judgments of line-level officials by subjecting them toĬentralized supervision, and render the exercise of enforcement discretion far The Obama relief initiatives are innovative: they bind theĮxercise of prosecutorial discretion to a more rule-like decision-making When exploring limits on the enforcement power, we should focus not on who benefits from enforcement discretionīut on how the Executive institutionalizes Judgments about how and when to enforce the law. Should help construct the domain of regulation through its independent Far from reflecting aįaithful-agent framework, then, immigration enforcement more closely resemblesĪ two-principals model of policymaking-one in which the Executive can and Under these conditions, there can be no meaningful searchįor congressionally preferred screening criteria. Interlocking historical, political, and legislativeĭevelopments have opened a tremendous gap between the law on the books and the Structure of immigration law also effectively delegates vast screeningĪuthority to the President. Through the work of numerous Congresses and political coalitions.
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Immigration code has evolved over time into a highly reticulated statute Congress has noĭiscernible priorities when it comes to a very wide swath of enforcementĪctivity-a reality especially true for immigration law today. It to a search for congressional enforcement priorities. First, it is futile to try to constrain the enforcement power by tying Using the Obama relief policies to explore these dynamics, we make two centralĬlaims.
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They also have reignited a longstanding controversy about whether constitutional limits exist on a central source of executive authority: the power to enforce the law. These events have drawn renewed attention to the President’s power to shape immigration law. Together with relief policies announced in 2012, his initiatives would shield nearly half the population of unauthorized immigrants from removal and enable them to work in the United States. In November 2014, President Obama announced his intention to dramatically reshape immigration law through administrative channels.