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A Journal of the Yale Law School

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Latest Post on Notice & Comment

Employment Authorization and Prosecutorial Discretion: The Case for Immigration Unexceptionalism, by Shoba Sivaprasad Wadhia
Chris Walker - Wednesday, February 10, 2016

The exercise of prosecutorial discretion or “PD” is an important feature in the immigration system. It requires each DHS component to make decisions about whether a person legally eligible for immigration enforcement should still be allowed to reside in the United States on a temporary basis. PD recognizes that in a universe of limited resources, an individual or group may qualify as a “low priority” for enforcement and/or bear the kinds of qualities that are unsuitable for removal. This discretion functions as a form of protection from removal but provides no formal legal status. There are more than one dozen kinds of prosecutorial discretion in immigration law, but only a few of these forms offer the possibility of work authorization. Last November, President Barack Obama announced a catalogue of immigration programs aimed to administratively reform the system through a combination of rulemaking and policy guidance branded largely on DHS letterhead. Two of these programs are Deferred Action for Parents of Americans and Legal Residents (DAPA) and extended Deferred Action for Childhood Arrivals (DACA). Both programs would extend deferred action to qualifying individuals and provide the possibility for work authorization. Both programs are on hold due to litigation.   Read more...

Is Intellectual Property Law Administrative Law? Duke Law Journal Symposium, by Chris Walker
Chris Walker - Wednesday, February 10, 2016

This week the blog is hosting an online symposium entitled Is Immigration Law Administrative Law?, which is based primarily on a panel by the same name that was part of the 2016 Annual Meeting of the Association of American Law Schools. You can read the entire series, as well as other immigration-related posts, here. My contribution posted yesterday and explored the costs of immigration exceptionalism for the scholarly fields of immigration law and administrative law.   Read more...

Initial Thoughts on Supreme Court Stay of Clean Power Plan, by Chris Walker
Chris Walker - Tuesday, February 09, 2016

Tonight in a 5-4 decision the Supreme Court stayed the Clean Power Plan regulations, pending judicial review in the D.C. Circuit and subsequent review in the Supreme Court. Here  is the order per SCOTUSblog. To state the obvious, that five Justices are willing to stay the regulations in the D.C. Circuit suggests there are at least the required four votes for plenary review of the D.C. Circuit's eventual ruling in the case.   Read more...

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