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.


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