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57 Santa Clara L. Rev. 611 (2017)
Immigration and Civil Rights in the Trump Administration: Law and Policy Making by Executive Order

handle is hein.journals/saclr57 and id is 616 raw text is: IMMIGRATION AND CIVIL RIGHTS IN THE TRUMP ADMINISTRATION: LAW AND POLICY MAKING BY EXECUTIVE ORDER Kevin R. Johnson TABLE OF CONTENTS Introduction.............. ................... ..... 612 I. The Obama Administration on Immigration ................ 616 A. Enforcement: Record Crime-Based Removals ................... 616 B. Relief for the Undocumented: DACA and DAPA............. 625 C. Failed Immigration Reform...................... 626 II. President Trump: Aggressive Immigration Enforcement by Executive Order ......................................... 628 A. The Travel Ban and the Redos .................... 630 B. The Border and Interior Immigration Enforcement Orders .............. ............... ..... 632 * Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies, University of California at Davis, School of Law; A.B., University of California, Berkeley; J.D., Harvard University. This article was presented in draft form as the George Abel and Mathilde Schwab Dreyfous Lecture on Civil Liberties and Human Rights at Tulane University Law School, in March 2017. Thanks to Dean David Meyer and Professors Janet (Jancy) Hoeffel and Saru Matambanadzo for inviting me to deliver the Dreyfous Lecture and serving as gracious hosts during my visit. Comments and questions from the audience before, at, and after the lecture, including those from Professor Robert Westley, helped refine the arguments presented here. I also benefited from presenting parts of this paper at immigration conferences at UC Davis and California State University, Sacramento, as well as at a variety of community events following the November 2016 presidential election. I presented part of this paper at the Santa Clara Law Review Sanctuary Jurisdiction symposium in April 2017 and thank the law review editors for allowing me to participate in the conference. Part of this article was informed by research for testimony in February 2017 before the California Senate Judiciary Committee on the Due Process rights of immigrants as the committee considered a number of bills designed to protect the rights of immigrants in light of the Trump administration's immigration enforcement efforts. Some of the thoughts expressed in this paper appeared in some form previously in posts on the ImmigrationProf blog, http://lawprofessors.typepad.com/immigration/, and SCOTUSBlog, www.scotusblog.com. Thanks to law students Angela Yahaira Breining, Sara Ehsani-Nia, Niki Moshiri, Narasimhan Raghunathan, Katie Kelly, and Ilene Reynoso for able research assistance. Maritza Reyes made helpful comments on a draft of this article. 611

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