Faculty Blog, Haynes

Government Abuse of Power

In October of 2018, the Department of Homeland Security sent a “subpoena/summons” to an immigration attorney.  The document stated: “You are requested not to disclose the existence of this summons for an indefinite period of time. The government works for, and at the behest of, the people.”  The “subpoena/summons” requested  the private attorney to supply… Continue reading Government Abuse of Power

DACA, Executive Power, Faculty Blog, Haynes, New England Law Review, President Obama, Uncategorized

Faculty Blog: Deportation of Undocumented Persons and DACA Beneficiaries Could Crash this Country

By: Dina Francesca Haynes  President Elect Trump has indicated, in his 100–day plan, that he would, on his first day in office, invalidate all unconstitutional Executive Orders issued by President Obama. Those of us who work in the immigration and constitutional law fields understand this to mean that in January, among other actions, approximately one million young people here pursuant to Executive Action and currently in high school, college, or the military, or who have recently completed one of these, will become deportable. These are the DACA recipients, beneficiaries of Deferred Action for Childhood Arrivals. They are in school with you or your children. They work alongside you. They pay college tuition (they are not eligible for federal financial aid, so they pay a lot of college tuition). Those who applied and were successful received work authorization and a temporary promise from the Obama Administration enabling them to remain in the United States for a short period of time, so that families would not be torn apart and so that children who entered through no fault of their own, many of whom never even knew they were undocumented until they applied to college, were not punished.

Arizona, Due Process, Executive Power, Faculty Blog, Federal Courts, Federalism, Haynes, Judicial Review, National Security, Policy, President Obama, Separation of Powers, Statehood, U.S. Supreme Court

Faculty Blog: United States v. Texas

On April 18, the Supreme Court heard oral arguments in the case of United States v. Texas. The case involves the arguments put forward by twenty-six states, challenging the President’s November of 2014 Executive Action, which could have made around 5 million parents of citizens and lawful permanent residents (known as DAPA) eligible to apply to have their deportation deferred. It would also have slightly expanded the class of pre-existing eligibility for deferred action for childhood arrivals (DACA), already in effect since 2012. The mechanism through which executive action would take place is the President’s request that his subordinates within the prosecutorial arms of DHS to exercise their prosecutorial discretion in determining where and how to use and focus limited deportation resources. Congress enacted the Immigration and Nationality Act, tasking the agencies with enforcing immigration, but provides insufficient funds for the agencies to carry out their mandates. The Executive must then make decisions about how to prioritize those mandates. Neither DAPA nor the expanded DACA class confers anything other than the eligibility for certain persons to apply for time limited deferral from removal. With deferred action, under a different set of pre-existing regulations, passed under earlier Congresses and presidents, comes eligibility for work authorization.

Uncategorized

Faculty Blog: Refugees, Migrants, and State Responsibility

Anyone who has followed the recent refugee crisis will notice the interchangeable use of the terms “migrant” and “refugee” to describe the people fleeing Syria, Iraq and North Africa, who are attempting to find safety and a better life in Europe. Depending upon your source of news, you might also hear the almost belligerent use of phrases and words like “economic migrant” and “opening the floodgates.” It was Hannah Arendt who used the term “scum of the earth,” to describe not the refugees fleeing Nazi control during World War II, but the treatment they received as they metaphorically washed up on shores of neighboring countries. She was describing the phenomenon that transpires when one country or regime has designated some people as inferior, and how everyone else then views them that way -- needy, dangerous, and likely to cause a run on resources.