Part II of a four-part series that sets out to clarify the continuing confusion around sanctuary cities.
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Sanctuary 101, Part I: What Trump’s Executive Order Doesn’t Do, Cannot Do, and Has Little To Do With
A month after President Trump issued his January 25, 2017 executive order, “Enhancing Public Safety in the Interior of the United States,” there remains a great deal of confusion: about what qualifies as a “sanctuary jurisdiction,” about the order’s effects on those jurisdictions, and about whether Trump’s effort to pull their federal funding by unilat
Josh Blackman assesses how the new immigration executive order comports with the Fifth Amendment’s Due Process clause.
An analysis of whether the new order violates the Immigration and Nationality Act or the Administrative Procedure Act, as well as an examination of the broader separation-of-powers framework.
Don’t expect a rush of court actions enjoining this version of the Trump executive order. This one is going to do less damage than the original, but it’s going to do it more quietly and in a fashion that will be harder to stop.
The presidential oath is actually the glue that holds together many of our system’s functional assumptions about the presidency. When large enough numbers of people within these systems doubt a president’s oath, those assumptions cease operating.