Presidential Power to Protect Dreamers: Abusive or Proper?

17 Pages Posted: 29 Aug 2019

See all articles by Kevin Fandl

Kevin Fandl

Temple University - Fox School of Business and Management

Date Written: August 1, 2018

Abstract

Many young undocumented immigrants brought to the United States as children, affectionately known as “Dreamers,” enjoy substantial protection from deportation under the Deferred Action for Childhood Arrivals (DACA) program. President Trump’s administration is attempting to withdraw this protection, purportedly in an effort to promote the rule of law by limiting executive overreach into matters of congressional concern. This Essay argues that the attempted rescission of DACA is not only out of step with broadly held American values, but premised on a flawed vision of the relationship between the legislative and executive branches. Our constitutional tradition wisely grants the President flexibility to make social policy through enforcement discretion, within the broad legal contours drawn by Congress. DACA is a legitimate exercise of that presidential power.

Keywords: immigration, executive power, regulation, law

Suggested Citation

Fandl, Kevin, Presidential Power to Protect Dreamers: Abusive or Proper? (August 1, 2018). Yale Law & Policy Review, Vol. 36, No. 1, 2018. Available at SSRN: https://ssrn.com/abstract=3442613

Kevin Fandl (Contact Author)

Temple University - Fox School of Business and Management ( email )

Philadelphia, PA 19122
United States
2027255305 (Phone)

HOME PAGE: http://www.kevinfandl.com

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