Earlier this month over at Jotwell (The Journal of Things We Like Lots), I reviewed a terrific new article by Eric Fish, entitled Deportation in the Deep State (Stanford Law Review forthcoming).

Here’s a snippet from the review:

At the end of the Term in Trump v. Slaughter, the Supreme Court overruled Humphrey’s Executor—the bedrock precedent that upheld statutory limitations on the President’s removal power over leaders of so-called independent agencies. The formal logic of this unitary executive theory, some have argued, could apply to any other government official who exercises even a sliver of executive power. Indeed, dissenting in Slaughter, Justice Sotomayor argued that the decision could “have major implications for inferior officers and civil-service employees, which the majority studiously ignores.” I remain unconvinced that Slaughter will reach inferior officers like administrative law judges or most of the civil service. That said, Trump v. Slaughter, of course, will not be the final word on the unitary executive. Open questions remain, especially when it comes to inferior officers and others who exercise a significant amount of policymaking authority.

In Deportation in the Deep State, Eric Fish does a terrific job exploring some of these open questions in the context of immigration law. He focuses on what Jennifer Koh calls “shadow removals” (and Shoba Wadhia calls “speedy deportation”). Shadow removals refer to the deportation of noncitizens without review by an immigration judge, much less an Article III federal judge.

You can read the full review here. And more importantly, go read Professor Fish’s article here.