Faculty Blog, Haynes

Big Brother Is, In Fact, Watching

The US government is tracking people who oppose its unlawful and inhuman practices.  In February of 2019, I filed Communiques with UN Special Rapporteurs, asking for their intervention with the US government.  UN human rights mechanisms are a last resort, utilized when a person’s own government is harming them, and refuses requests for transparency about… Continue reading Big Brother Is, In Fact, Watching

Faculty Blog, Haynes

It’s Time to Pay Attention

For the past two years, our government has been steadily eroding the rule of law, chilling speech, riding rough shod over state’s rights, engaging in retaliatory activity against activists, and violating the constitution.  You may not have paid attention, because much of this activity has been centered in the field of immigration law.  If you… Continue reading It’s Time to Pay Attention

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.