About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

91 Chi.-Kent L. Rev. [i] (2016)

handle is hein.journals/chknt91 and id is 1 raw text is: CHICAGO-KENT LAW REVIEW VOLUME 91 2016 NUMBER 1 CONTENTS CONGRESSIONAL DYSFUNCTION AND EXECUTIVE LAWMAKING DURING THE OBAMA ADMINISTRATION SYMPOSIUM EDITOR RAQUEL ALDANA CONGRESSIONAL DYSFUNCTION AND EXECUTIVE LAWMAKING DURING THE OBAMA ADMINISTRATION Raquel Aldana 3 TRUST IN IMMIGRATION ENFORCEMENT: STATE NONCOOPERATION AND SANCTUARY CITIES AFTER SECURE COMMUNITIES Ming H. Chen 13 The conventional wisdom, backed by legitimacy research, is that majority of people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local participation in immigration law enforcement. In the five years following initiation of the Secure Communities program, through which the federal government requests that local law enforcement agencies hold immigrants beyond their scheduled release upon suspicion that they are removable, a signifi- cant and growing number of states and localities have declined to cooperate with federal immigration detainer requests-ultimately leading to the demise of the Secure Communities program and revitalizing a debate about Sanctuary Cities and the terms of federal-state partnerships in immigration enforcement. This arti- cle finds that state and local non-cooperation is influenced by attitudes toward the legitimacy of executive action, distinct from attitudes toward the law's legality, morality, or politics. THE EXECUTIVE POWER OF PROCESS IN IMMIGRATION LAW Jill E. Family 59 This article, part of an AALS symposium on executive power during the Obama administration, focuses on the role of procedure in the president's imple- mentation of immigration law. The president undeniably has power over immigra- tion law, but the exact contours of that power are not clear. At times, the president acts via delegation from Congress. The president also may have inher- ent power over immigration law that is not dependent on a delegation. Such in- herent power would be subject to the president's discretion. Even when acting pursuant to delegated immigration power, the president operates within a wide ring of discretion granted by the delegation. While we debate the exact boundaries of executive power over immigration law and the extent of the president's discre- tion, we must not forget that executive implementation of immigration law in-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most