Tuesday, November 20, 2018

The perilous stakes of immigration law by executive fiat


Over at The Hill, immprofs Pratheepan Gulasekaram (Santa Clara) and David Rubenstein (Washburn) have a new op-ed: The perilous stakes of immigration law by executive fiat.

The op-ed begins by contrasting President Trump's current claim of inherent presidential authority to act in the area of immigration without Congress and the president's litigation stance, in the lawsuit about DACA, that President Obama exceeded his authority in establishing the program.

The authors write: "Trump’s arguments simultaneously posit the need for limits on presidential immigration authority and shine light on the absence of a principled answer to what those limits should be."

Moreover, the authors note, "The stakes transcend immigration law and our sitting president."

What's at stake is our constitutional democracy itself, the two contend:

Looking ahead, there is no reason to think future presidents will forfeit power once obtained. Indeed, Trump’s invocations of executive power are perhaps the extreme, but predictable, result of the steady accretion of presidential power over time. This one-way ratcheting of presidential power must be stopped by judicial and congressional intervention, or it will not be stopped at all.



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