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Immigration Law

Expert: "Broken Immigration System" Triggers Litigation Avalanche

Jasmine Aguilera, TIME Magazine, May 4, 2022

"In recent years, liberal and conservative attorneys general, nonprofit organizations, and individual plaintiffs have filed an avalanche of immigration-related suits in federal courts, resulting in a profusion of complex and often-contradictory court rulings, experts tell TIME. With Congress on the sidelines, federal judges are now on the frontlines of interpreting and dictating the scope of executive actions, federal guidelines and agency rules—thereby determining how U.S. immigration policy actually works. “This is a manifestation of our broken immigration system,” Stephen Yale-Loehr, professor of immigration law at Cornell University, tells TIME. Congress’s failure to pass comprehensive immigration reform has resulted in an explosion of agency rules and executive actions—which, in turn, lead to more legal challenges, he says. “Today, almost every executive action on immigration is being challenged in the courts.” "