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Immigration Exceptionalism! ►Is there something about immigration law and policies that distinguishes it from all other legal issues and policy matters? ►Does the Constitution carve out an exception for immigration law? And if so, what is that exception? ►As for the title of this podcast, what power has Pres. Trump used that no other U.S. president has previously exercised?
Marcella Alsan talks about how Secure Communities affected take-up of safety net programs. “Fear and the Safety Net: Evidence from Secure Communities” by Marcella Alsan and Crystal S. Yang. *** Probable Causation is part of Doleac Initiatives, a 501(c)(3) nonprofit. If you enjoy the show, please consider making a tax-deductible contribution. Thank you for supporting our work! *** OTHER RESEARCH WE DISCUSS IN THIS EPISODE: “Immigration Enforcement and Economic Resources of Children with Likely Unauthorized Parents” by Catalina Amuedo-Dorantes, Esther Arenas-Arroyo, and Almudena Sevilla. “Distributing the Green (Cards): Permanent Residency and Personal Income Taxes After the Immigration Reform and Control Act of 1986” by Elizabeth Cascio and Ethan Lewis. “Inside the Refrigerator: Immigration Enforcement and Chilling in Immigrant Medicaid Participation” by Tara Watson. “Immigration and the Welfare State: Immigrant Participation in Means-Tested Entitlement Programs” by George Borjas and Lynette Hilton. “Network Effects and Welfare Cultures” by Marianne Bertrand, Erzo Luttmer, and Sendhil Mullainathan. “Understanding the Quality of Alternative Citizenship Data Sources for the 2020 Census” by J. David Brown, Misty Heggeness, Suzanne Dorinski, and Lawrence Warren. “Does Welfare Prevent Crime? The Criminal Justice Outcomes of Youth Removed from SSI” by Manasi Deshpande and Michael Mueller-Smith. “Does Immigration Enforcement Reduce Crime? Evidence from Secure Communities” by Thomas J. Miles and Adam B. Cox. “Unintended Consequences of Immigration Enforcement: Household Services and High-Educated Mothers' Work” by Chloe East and Andrea Velasquez. “The Labor Market Effects of Immigration Enforcement” by Chloe East, Philip Luck, Hani Mansour, and Andrea Velasquez. “Immigration Enforcement and Public Safety” by Felipe Gonçalves, Elisa Jácome, and Emily Weisburst. [Draft available from the authors]. “Immigration Enforcement and the Institutionalization of Elderly Americans” by Abdulmohsen Almuhaisen, Catalina Amuedo-Dorantes, and Delia Furtado. [Draft available from the authors] “Take-up and Targeting: Experimental Evidence from SNAP” by Amy Finkelstein and Matthew J. Notowidigdo. “Reducing Ordeals through Automatic Enrollment: Evidence from a Subsidized Health Insurance Exchange” by Mark Shepard and Myles Wagner.
Congress hasn't passed a significant immigration bill in decades, but the demands on the immigration system today are very different than they were in the '90s. So, what's a president to do? With asylum seekers facing a militarized border and millions of undocumented immigrants already inside the country, recent presidents have used their executive authority to try and shape the system to meet the needs of the day. But, more and more, the courts are stepping in. Today, lawsuits drag on, Congress remains deadlocked, and millions of people are caught in the middle. GUESTS: Dr. Jorge Castañeda, former Foreign Minister of Mexico and Global Distinguished Professor of Latin American and Caribbean Studies at New York University; Cristina Rodríguez, Leighton Homer Surbeck Professor of Law at Yale Law School; Theresa Cardinal Brown, Managing Director, Immigration and Cross-Border Policy at the Bipartisan Policy Center; Juan Pablo Barrios, asylum seeker from Venezuela (interpretation by Gustavo Martínez). RESOURCES FOR ASYLUM SEEKERS: American Immigration Council: Asylum Resources Asylee Eligibility for Resettlement Assistance Guide, CLINIC Getting Asylum, Protection in The United States, Immigrants' Rights Clinic at Stanford Law School, 2017 Para Obtener Asilo, Protección en los Estados Unidos, Immigrants' Rights Clinic at Stanford Law School, 2017 ADDITIONAL RESOURCES: The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez Ex Mex: From Migrants to Immigrants, Jorge G. Castañeda This Week in Immigration, The Bipartisan Policy Center, Theresa Cardinal Brown Lake Maracaibo: an oil development sacrifice zone dying from neglect, Mongabay Special thanks to Professor Jennifer M. Chacón.
Cristina Rodríguez, Professor of Law at Yale Law School, and Adam B. Cox, Professor of Law at NYU, join us to discuss their new book, The President and Immigration Law, where they outline how the Executive Branch gained nearly-unchecked discretion over immigration policy, the implications of this are for the future of immigration policy, and what this system says about the nature of executive power more broadly. Additional readings, including those referenced during the episode, are available on our website: DiggingAHolePodcast.com.
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr.
The inability of Congress to enact any meaningful legislation on immigration during the past quarter-century has left the United States with a long-outdated immigration system that works for very few, leaving the president with enormous influence and control over U.S. immigration policy. While President Obama’s decision to protect DREAMers via the Deferred Action for Childhood Arrivals (DACA) program was praised by some as an overdue action amid congressional stalemate, it also was the subject of major legal challenge and was criticized as presidential overreach. Well into its fourth year, the Trump administration has undertaken more than 400 executive actions on immigration. President Trump has been able to dramatically reshape the U.S. immigration system through regulatory, policy, and programmatic changes, and his executive actions have prompted extensive advocacy and litigation in response. Is executive action on immigration a recent development? And has it always been as controversial as it seems today? Two leading legal scholars, Adam B. Cox and Cristina M. Rodríguez, tackle this question in their book, The President and Immigration Law (Oxford University Press). In this webinar, these scholars join Elena Goldstein from the New York State Office of the Attorney General, and MPI's Muzaffar Chishti and Sarah Pierce for a discussion that examines the Trump administration’s substantial use of executive power to change the country’s course on immigration, and how the president’s role in immigration policy is a inevitability that should be carefully considered and reimagined in any blueprint for immigration reform or strategy for activism on immigration.