Andrew R. Arthur's blog

Resident Fellow in Law and Policy


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Chilling the Bully Pulpit: The Effects of the Sanctuary City Ruling

By Andrew R. Arthur, April 26, 2017

Lyman Abbot, editor of The Outlook, began an essay in an issue of that publication, "A Review of President Roosevelt's Administration", with an anecdote about then-President Theodore Roosevelt: "He had just finished a paragraph of a distinctly ethical character when he suddenly stopped, swung round in his swivel chair, and said, 'I suppose my critics will call that preaching, but I have got such a bully pulpit!'" The hortatory power of the presidency has since come to be known as "the Bully Pulpit."

This phrase makes an appearance three times in District Judge William Orrick's order in County of Santa Clara v. Trump, in which he granted the motions of the County of Santa Clara and the City and County of San Francisco's motions to enjoin section 9(a) of Executive Order 13768 (E.O. 13768), "Enhancing Public Safety in the Interior of the United States." Read more...

SCOTUS Leaves in Place Lower Court Ruling Limiting Rights of Illegal Entrants

By Andrew R. Arthur, April 21, 2017

On April 17, 2017, the Supreme Court denied a petition for writ of certiorari in Castro et al. v. Dep't of Homeland Sec., U.S., 2017 WL 1366739 (2017), a case involving the constitutional rights of a group of aliens who had entered the United States illegally. Although "a variety of considerations underlie denials of the writ" generally, the Supreme Court's denial of the petition in this case leaves in place a circuit court decision that limits the rights of aliens who were apprehended shortly after entering the United States illegally, at least in the Third Circuit. Read more...

Is It Time for Magistrate Immigration Judges?

By Andrew R. Arthur, April 21, 2017

As the backlog of pending immigration cases grows, Congress and the Department of Justice (DOJ) should take a page from the federal courts and establish a corps of magistrate immigration judges.

A bit of background: Up until the early 1980s, special inquiry officers, or "immigration judges" were employees within the former Immigration and Naturalization Service (INS). In January 1983, Attorney General William French Smith moved the immigration judges and the Board of Immigration Appeals into the newly created Executive Office for Immigration Review (EOIR) within the Department of Justice (DOJ), giving the immigration judges independence from the prosecuting authority at the time, the INS. Read more...

Trump Administration Cracks Down on Gangs, with Focus on MS-13

By Andrew R. Arthur, April 19, 2017

During remarks to the Attorney General's Organized Crime Council (AGOCC) and the Executive Committee of the Organized Crime Drug Enforcement Task Force (OCDETF) on April 18, 2017, Attorney General Jeff Sessions announced: "Under President Trump, the Justice Department has zero tolerance for gang violence." The attorney general specifically targeted La Mara Salvatrucha, or "MS-13," stating:

MS-13 has become a symbol of this plague that has spread across our country and into our communities. There are over 30,000 members abroad with their headquarters in the El Salvadoran prison system. According to the National Gang Intelligence Center, MS-13 now has more than 10,000 members in at least 40 states in this country – up significantly from just a few years ago.

Ninth Circuit Significantly Extends TPS Eligibility for Adjustment of Status

By Andrew R. Arthur, April 12, 2017

A three-judge panel of the Court of Appeals for the Ninth Circuit on March 31, 2017, in a little-noted decision in Ramirez v. Brown, __F. 3d ___ (9th Cir. 2017), vastly expanded the potential number of aliens who may be eligible for adjustment of status under section 245 of the Immigration and Nationality Act (INA).

Adjustment of status is a process through which an alien may acquire a green card while in the United States, without having to depart this country and obtain an immigrant visa through consular processing. (See section 245 of the Immigration and Nationality Act (INA).) It is generally unavailable, however, to aliens who entered the United States illegally. (See section 245(a) of the INA.) Read more...

Pepsi – and ICE

By Andrew R. Arthur, April 6, 2017

A Pepsi commercial featuring Kendall Jenner is currently trending on Twitter and Facebook. (Pepsi pulled the ad yesterday after an outcry.) Jenner's encounter with a police officer at the climax of the ad reminded me of the arguments of critics in the ongoing debate on immigration enforcement.

The commercial begins with Jenner (a member of the extended Kardashian family) modeling for a photo shoot as a protest march assembles in the street outside. She joins the marchers, who are confronted by stone-faced police officers, some in riot gear. The assembled crowd flashes peace signs at the police, who stand stoically by, all business. Read more...