Volume
69
Abstract
The Trump Presidency left an indelible mark on the U.S. immigration system. From extreme enforcement practices to unconstitutional policies, the vast power of the executive branch and the underutilized strength of the judicial branch was thrust into a harsh light. The failure of lower courts to adequately understand and apply the narrow construction of jurisdiction-limiting statutes created unjust and absurd results on a number of issues, from the targeting of immigration activists for enforcement actions to the so-called Migrant Protection Protocols. The consistent application of Supreme Court precedent allowing for Federal jurisdiction in this area remains absolutely necessary to right the ship of U.S. immigration policy and enforcement. It will provide avenues for justice for those harmed by Trump administration policies and flex the previously atrophied muscle of the judicial branch in immigration law.
Recommended Citation
Elizabeth L. Jackson,
If Not Now, When? Finding Jurisdiction to Review Immigration Enforcement Action in the Trump Era,
69 Clev. St. L. Rev. Et Cetera
29
(2021)
available at https://engagedscholarship.csuohio.edu/etcetera/vol69/iss1/2
Included in
Immigration Law Commons, Judges Commons, President/Executive Department Commons, Supreme Court of the United States Commons