Kate Evans | Duke Law Livestream: Litigating Immigration Policy

Courts have become increasingly involved in overseeing the immigration policies announced by the President and his agencies. The result has been a dizzying array of on again, off again directives that raise fundamental questions about the obligations of the President as immigration prosecutor, the scope of his discretionary power, and the race to the courthouse in search of a sword or a shield. In this talk, Professor Evans discusses the implications of headlines grabbing cases involving Deferred Action for Childhood Arrivals (DACA), the Travel Ban, Enforcement Priorities, and Border Policy. The session examines whether courts have abandoned the doctrine that afforded plenary power to the political branches to regulate immigration policy and what courts' divergent decisions mean for administrative policy-making and the integrity of the courts. Using recent immigration litigation as a backdrop, we explore the future of immigration policy and how those policies might fare in the courtroom.

Sponsored by the Duke Law Office of Alumni & Development.