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Expert: Federal courts are becoming the arbiters of immigration policy

December 22, 2023 (1 min read)

Ellen M. Gilmer, Bloomberg, Dec. 22, 2023

"US border and immigration policies face make-or-break decisions in federal courts in 2024, with the fate of key executive powers, status for “Dreamers,” and state authority on the docket. Judges have increasingly steered immigration policy in recent years, as Congress dithers on overhauling outdated statutes, and the executive branch — under Presidents Barack Obama, Donald Trump, and Joe Biden — flexes its powers to fill the gap. “Federal courts are becoming the arbiters of immigration policy,” Cornell Law School professor Stephen Yale-Loehr said. “That makes it very difficult for any administration to manage immigration because no matter what they try to do administratively, someone will sue them in federal court.” "