My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies.
Justsecurity.org
Follow us on YouTube
Follow us on Twitter
Follow us on Facebook
Follow us on Linkedin
Donate
Open the search tool
Open the main navigation
Search authors only
- Come Join Just Security! 2025-26 Postgraduate Legal Fellow Positions
- Records obtained via Goodman v. Department of Defense
- Key Topics
- Search Results
- Author Search
- Masthead
- Advisory Board
- Guest Authors
- Write for Just Security
- The Trump-Russia-Ukraine Timeline
- Upcoming Events
- Updates to The Trump-Russia Timeline
- Deep Dives
- Microsoft Ireland Symposium
- Acting DOD General Counsel William S. Castle’s Speech on AUMFs in the “Global War on Terrorism”
- Transcript: Glenn Simpson Fusion GPS Testimony House Intelligence Committee
- Privacy
- Home Page
- Terms
- Donation Confirmation
- Transaction Failed
- Donation History
- Modern Surveillance Under the Trump Administration
- Get Norms Watch in Your Inbox
- Contact Us
- A Former Federal Prosecutor Dissects Kushner’s Statement
- Recap: A Guide to the Past Week’s Posts on Just Security (Oct. 4-Oct.11)
- https://www.justsecurity.org/about-us/
- Editors’ Picks
- DOD Report on the Oct. 2015 Airstrike on Médecins Sans Frontières Hospital in Kunduz, Afghanistan
- Books We’ve Written
- RFI Interview on Hiftar
- Books We’ve Read
- Book Synopsis: The Way of the Knife
- Book Synopsis: Governing Lethal Behavior in Autonomous Robots
- Book Synopsis: Kill or Capture
- Book Review — Lincoln’s Code: The Laws of War in American History
- Books Synopsis: The Justice Cascade
- Book Synopsis: The Terror Presidency
- Book Synopsis – The Cost of Counterterrorism: Power, Politics, and Liberty
- Book Synopsis: No Place Left to Hide
- Editors’ Picks: Reading Lists
- Recaps Archive
- Book Synopsis – The Terror Courts
- Recap: A Mid-Week Guide to Posts on Just Security (Oct. 19-23)
- Signups for A.M. and P.M. Emails
- ASIL Live Webcast: “International Law and the Trump Administration: The Use of Force Under International Law”
- National Security and Transparency in this Administration and the Next
- About Us
- Excerpts of Stephen Miller Interviews on Meet the Press and Fox News Sunday
- David Cole on Stopping Authoritarianism’s Rise in the United States
- Workshop and Call for Papers: Revisiting the Role of International Law in National Security
- SURVEILLE Scoring Methodology
- Email Signups
- Just Security Reader Survey
- Just Security’s Coverage of Immigration and Refugee Executive Order
- Donate
- Early Edition
- Norms Watch
- Email Signup
Why the immigration initiative has nothing to do with assertions of executive constitutional power
November 21, 2014
Filed under:
Executive Power, Immigration, Marty Lederman, Office of Legal Counsel (OLC)
About the Author(s)
Marty Lederman
Marty Lederman (@marty_lederman) is Executive Editor at Just Security. He is a professor at the Georgetown University Law Center. He served as Deputy Assistant Attorney General at the Office of Legal Counsel from 2021-2023 and 2009-2010, and as an Attorney Advisor at the Office of Legal Counsel from 1994-2002.
Read these related stories next:
Withdrawal from International Agreements: Toward a “Tailored Out”
by Catherine Amirfar and Ashika Singh
Nov 1st, 2024
Presidential Power to Exit Treaties: Reflecting on the Mirror Principle
by Sean Murphy and Edward Swaine
Nov 1st, 2024
Frictionless Government and the National Security Constitution
by Ashley Deeks and Kristen Eichensehr
Oct 28th, 2024
Symposium on Harold Hongju Koh’s ‘The National Security Constitution in the 21st Century’
Oct 25th, 2024
‘Good Moral Character?’ Holding Trump to the Same Standards as the Immigrants He Vilifies
by Edgar Chen and Dan Ross
Aug 28th, 2024
US Is Finally Aiding Stranded Afghan Allies, But Congress Needs to Step Up
by Chris Purdy
Aug 16th, 2024
Welcoming the Persecuted is an American Value
by Denise Gilman, Karen Musalo and Jaya Ramji-Nogales
Jul 4th, 2024