Sessions Information

  • January 5, 2017
    8:30 am - 10:15 am
    Session Type: AALS Hot Topic Programs
    Session Capacity: N/A
    Hotel: Hilton San Francisco Union Square
    Room: Golden Gate 2
    Floor: Lobby Level

    The Supreme Court's divided 4-4 ruling in United States v. Texas and Republican presidential nominee Donald Trump's advocacy of severe restrictionism have focused public attention on federal power over immigration. This panel considers both the specific questions raised in the case, which may return to the Court, and the broader issues at stake in the debate over immigration law and the Constitution. One key question is the extent to which the president is empowered to use executive discretion to alter immigration enforcement in the absence of congressional action. Another is whether there are significant constitutional limits to Congress’ own powers to exclude potential immigrants, and to base immigration policy on ethnic, religious, and racial distinctions. The “plenary power” doctrine that gives Congress nearly unlimited authority over immigration has come under serious criticism from some jurists and legal scholars in recent years, even as others continue to support it. There has also been growing debate over the issue of whether state governments should play a bigger role in setting immigration policy. The panel includes a diverse range of perspectives on these questions, which are likely to remain controversial for a long time to come.

Session Speakers
Organization: South Texas College of Law Houston

Organization: University of California, Irvine School of Law

Organization: Widener University Commonwealth Law School

Organization: Drexel University Thomas R. Kline School of Law

Organization: Antonin Scalia Law School at George Mason University
Moderator and Speaker

Session Fees
  • [5037] AALS Hot Topic Program - Federal Power Over Immigration: $0.00