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Center for Immigration Studies
Should Judges Control US Immigration Policy?
March 15th, 2009
In last week's decision in the case of 17 Chinese Uighur Muslims held at Guantanamo, a federal appeals court reiterated the exclusive control over immigration by the political branches of government. The court quoted late Supreme Court Justice Felix Frankfurter that immigration matters are "wholly outside the concern and competence of the Judiciary." While this concept, called the "plenary power doctrine," may seem obvious as a basic attribute of sovereignty, it is under attack by supporters of unrestricted immigration. There is a movement underway among law professors and other activists to erode political-branch control over immigration in favor of a...
Source: Pharma Investments, Ventures & Law Weekly (2009-03-15)
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