Adam Cox and Cristina Rodriguez Respond to Critics and Commentators on their Book “The President and Immigration Law”
The Yale Journal on Regulation online symposium on Adam Cox and Cristina Rodriguez’s important new book, The President and Immigration Law, has now concluded with the authors’ response to the commentators and critics.
All of the contributions can be accessed here. My own essay praises the book and accepts much of the author’s analysis of the growth of executive power over immigration and its dangers. But, in assessing possible solutions for the problems they identify, I argue that the authors undervalue the importance of strengthening constitutional constraints on executive power, and making it easier for migrants to enter the United States legally.
In their thoughtful response, Cox and Rodriguez partly agree with my suggestions, but emphasize that neither the full elimination of constitutional double standards on immigration policy nor the adoption of a presumption of freedom of movement across national borders are likely to be fully realized, anytime soon, if ever.
I agree these ideals are unlikely to be fully realized anytime soon, and said as much in my initial contribution. But I also pointed out that there is a great deal of room for incremental progress on both fronts. Cox and Rodriguez’s own reform proposal of legalizing most of the current undocumented immigrant population and severely curbing detention and deportation is also unlikely to be fully implemented in the near future. For reasons noted in my contribution, strengthening judicial review and cut
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