{"id":9098,"date":"2009-06-01T12:25:57","date_gmt":"2009-06-01T20:25:57","guid":{"rendered":"http:\/\/lukeford.net\/blog\/?p=9098"},"modified":"2009-06-03T19:47:20","modified_gmt":"2009-06-04T03:47:20","slug":"should-judges-set-immigration-policy","status":"publish","type":"post","link":"https:\/\/lukeford.net\/blog\/?p=9098","title":{"rendered":"Should Judges Set Immigration Policy?"},"content":{"rendered":"

From CIS.org<\/a>:<\/p>\n

WASHINGTON (June 2009) – On June 8, President Obama will meet with congressional leaders to start discussions on an immigration bill. If such legislation were ever to pass, a central element would be an amnesty for current illegal aliens in exchange for enhanced enforcement.<\/p>\n

But what if those new enforcement measures were overturned by the courts? We would then see essentially a repeat of the bait-and-switch that followed the 1986 immigration law. This is possible because of the erosion of the “Plenary Power Doctrine,” which holds that the political branches – the legislative and the executive – have sole power to regulate all aspects of immigration as a basic attribute of sovereignty. In the words of Justice Felix Frankfurter, immigration matters are “wholly outside the concern and competence of the Judiciary.”<\/p>\n

The plenary power doctrine has been affirmed by the courts countless times since the 19th century. Nonetheless, there is a movement underway among law professors and other activists to restrict political-branch control over immigration in favor of a judge-administered system based on the implicit idea that foreigners have a “right” to immigrate.<\/p>\n

To explore this issue, the Center for Immigration Studies will host a panel discussion on Monday, June 8, 2009, at 9:30 a.m.<\/strong> in the Murrow Room<\/strong> at the National Press Club, 14th & F Streets, NW<\/strong>. Copies of a recent Backgrounder, “Plenary Power: Should Judges Control U.S. Immigration Policy?<\/a>” will be available. The report examines the long history of the doctrine, the challenges to it launched by supporters of unrestricted immigration, and some possible responses.<\/p>\n

Speakers:<\/p>\n

Jon Feere<\/a><\/strong>: Author of the report and Legal Policy Analyst for the Center.<\/p>\n

Peter Nunez<\/a><\/strong>: Former United States Attorney, former Assistant Secretary of the Treasury for Enforcement, and current lecturer at the University of San Diego.<\/p>\n

Jan Ting<\/a><\/strong>: Former Assistant Commissioner of the U.S. Immigration and Naturalization Service, and current Professor of Law at the Temple University’s Beasley School of Law in Philadelphia.<\/p>\n

The panel is free and open to the public. For more information, contact Bryan Griffith at (202) 466-8185 or press@cis.org.<\/p>\n","protected":false},"excerpt":{"rendered":"

From CIS.org: WASHINGTON (June 2009) – On June 8, President Obama will meet with congressional leaders to start discussions on an immigration bill. If such legislation were ever to pass, a central element would be an amnesty for current illegal … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[161],"tags":[16413,12627,16410,17856,17857,16411],"class_list":["post-9098","post","type-post","status-publish","format-standard","hentry","category-immigration","tag-immigration-matters","tag-immigration-studies","tag-justice-felix-frankfurter","tag-murrow-room","tag-peter-nunez","tag-unrestricted-immigration"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t