Thursday, June 10, 2021
In Making Immigration Law in the Harvard Law Review (2021), HiroshiMotomra reviews Adam Cox and Cristina Rodriguez's book, The President and Immigration (2020). Here is the abstract:
"In this book review, Professor Motomura begins by noting that, by building a bridge between immigration law and U.S. administrative and public law more generally, Professors Cox and Rodríguez make a major contribution in both fields, particularly through their “nuanced and persuasive” historical account of the rise of presidential power over immigration, as well as their analysis of the current relationship between Congress and the President as “co-principals” in making immigration law. However, Professor Motomura also argues that by viewing presidential immigration power as a symptom of a “structural problem” in domestic enforcement, Cox and Rodríguez do not engage fully with the international aspects of the migration-related challenges that Presidents are likely to face in the coming years and decades. As Professor Motomura puts it, events and trends outside U.S. borders — war, civil unrest, and climate change, to mention just a few — are likely in the future to influence migration to the United States even more than they do today. Professor Motomura therefore analyzes how and why the future of presidential immigration power will most likely return to its international origins more than Cox and Rodríguez acknowledge."