Tuesday, January 30, 2018

Immigration Article of the Day: Presidential Power To Protect Dreamers: Abusive or Proper? by Kevin J. Fandel


Presidential Power To Protect Dreamers: Abusive or Proper? by Kevin J. Fandl, Yale Law and Policy Review Inter Alia


Many young undocumented immigrants brought to the United States as children, affectionately known as “Dreamers,” enjoy substantial protection from deportation under the Deferred Action for Childhood Arrivals (DACA) program. President Trump’s administration is attempting to withdraw this protection, purportedly in an effort to promote the rule of law by limiting executive overreach into matters of congressional concern. This Essay argues that the attempted rescission of DACA is not only out of step with broadly held American values, but premised on a flawed vision of the relationship between the legislative and executive branches. Our constitutional tradition wisely grants the President flexibility to make social policy through enforcement discretion, within the broad legal contours drawn by Congress. DACA is a legitimate exercise of that presidential power.




Current Affairs | Permalink


Post a comment