The President And Immigration Law

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection ofcritics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code.InThe President and Immigration Law, Adam Cox and Cristina Rodriguez shatter the myth that Congress controls immigration policy. Drawing on a wide range of sources-rich historical materials, unique data on immigration enforcement, and insider accounts of our nation's massive immigrationbureaucracy-they tell the story of how the President became our immigration policymaker-in-chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts to Jimmy Carter's intervention during the Mariel boatlift from Cuba, presidential crisis management has playedan important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States.A pathbreaking account of the President's relationship to Congress, Cox and Rodriguez's analysis helps us better understand how the United States ended up running an enormous shadow immigration system-one in which nearly half of all noncitizens living in America are here in violation of the law. Italso provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

The Immigration Act of 1965 was one of the most consequential laws ever passed in the United States and immigration policy continues to be one of the most contentious areas of American politics. As a "nation of immigrants," the United States has a long and complex history of immigration programs and controls which are deeply connected to the shape of American society today. This volume makes sense of the political history and the social impacts of immigration law, showing how legislation has reflected both domestic concerns and wider foreign policy. John S. W. Park examines how immigration law reforms have inspired radically different responses across all levels of government, from cooperation to outright disobedience, and how they continue to fracture broader political debates. He concludes with an overview of how significant, on-going challenges in our interconnected world, including "failed states" and climate change, will shape American migrations for many decades to come.

Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.

"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--

"Essentials of Immigration Law by Richard A. Boswell provides the foundation necessary for an understanding of everything immigration-from the passage of the first immigration-related statute to the current state of affairs. This indispensable reference, now in its third edition, offers a practical overview of the entire area of U.S. immigration law and will help you comprehend: Labor Certification Consular Processing Citizenship/Naturalization Deportation/Removal/Inadmissibility Waivers Asylum Criminal Violations Family-Based Immigration Employment-Based Immigration Administrative/Judicial Review."--Publisher's website.

The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

#1 NEW YORK TIMES BESTSELLER • In this powerful new collection of oil paintings and stories, President George W. Bush spotlights the inspiring journeys of America’s immigrants and the contributions they make to the life and prosperity of our nation. The issue of immigration stirs intense emotions today, as it has throughout much of American history. But what gets lost in the debates about policy are the stories of immigrants themselves, the people who are drawn to America by its promise of economic opportunity and political and religious freedom—and who strengthen our nation in countless ways. In the tradition of Portraits of Courage, President Bush’s #1 New York Times bestseller, Out of Many, One brings together forty-three full-color portraits of men and women who have immigrated to the United States, alongside stirring stories of the unique ways all of them are pursuing the American Dream. Featuring men and women from thirty-five countries and nearly every region of the world, Out of Many, One shows how hard work, strong values, dreams, and determination know no borders or boundaries and how immigrants embody values that are often viewed as distinctly American: optimism and gratitude, a willingness to strive and to risk, a deep sense of patriotism, and a spirit of self-reliance that runs deep in our immigrant heritage. In these pages, we meet a North Korean refugee fighting for human rights, a Dallas-based CEO who crossed the Rio Grande from Mexico at age seventeen, and a NASA engineer who as a girl in Nigeria dreamed of coming to America, along with notable figures from business, the military, sports, and entertainment. President Bush captures their faces and stories in striking detail, bringing depth to our understanding of who immigrants are, the challenges they face on their paths to citizenship, and the lessons they can teach us about our country’s character. As the stories unfold in this vibrant book, readers will gain a better appreciation for the humanity behind one of our most pressing policy issues and the countless ways in which America, through its tradition of welcoming newcomers, has been strengthened by those who have come here in search of a better life.

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.