An executive order cannot repeal birthright citizenship, period.

An executive order cannot repeal birthright citizenship, period.

Should President Trump make good on his threats to sign an executive order ending birthright citizenship, the move would be both legally and procedurally invalid. In an op-ed for The New York Daily News, I outline several obstacles the President’s stated intent, starting with the legal precedent that should prevent an executive order voiding the 14th Amendment.

An even stronger counterpoint to an executive order is the fact that only a change to the Constitution can effectively end birthright citizenship, and this would have to come from a Congressional decision, not a unilateral order issued by the President.

My third, and final point of contention comes from the sheer impracticality of the move. There is no clear procedure for handling the children and families that would be affected by such an order.

For more thorough insight into these points, click on the the link below:

http://www.nydailynews.com/opinion/ny-oped-an-executive-order-cannot-repeal-birthright-citizenship-period-20181031-story.html

Refugees In The Empire State: A Panel Discussion – 8/20/18

Refugees In The Empire State: A Panel Discussion – 8/20/18

I was honored to participate in an hour-long panel discussion on WCNY about how President Trump’s immigration changes are affecting people in NY. The show is available via live-stream starting Monday Aug. 20 at 10 pm at http://www.wcny.org/connect-ny/. A preview is currently available via the same link.

Please join me and my fellow panelists as we discuss immigration policy, and how New York State is responding to the needs of refugees and the effects they have on Central New York communities.

Texas’s DACA Challenge Sets Up Supreme Court Showdown

Texas’s DACA Challenge Sets Up Supreme Court Showdown

In an interview with Bloomberg, I discuss the concern that Texas’s recent DACA challenge could force the issue into the Supreme Court.

Should U.S. District Judge Andrew Hanen decide in favor of Texas, he would be in conflict with other U.S. District Judges on the same matter. This could well mean that the issue would be mediated by the U.S. Supreme Court:

““If this judge issues an injunction in Texas’s favor, that definitely gives Trump political cover to say his hands are tied, that he’d like to be compassionate, but a judge made him end DACA,” Yale-Loehr, who has written a 21-volume treatise on immigration law, said in a phone interview. “Then the Justice Department can go back to the Supreme Court and ask them to take up the case now” rather than wait until the other judges’ decisions wind their way up through appellate courts, he said.”

While some feel this would be the end of  DACA, the outcome could still be uncertain:

…”no one can predict with certainty how the recently reconstituted high court will view immigration policies implemented by a president without congressional approval, which is the complaint that both Texas and the Trump administration have lodged against the Obama initiatives. ( – Bloomber Politics)”

Click on the link below to read the full article:

https://www.bloomberg.com/news/articles/2018-05-02/texas-s-daca-challenge-sets-up-supreme-court-dreamer-showdown

 

USA Today: ICE on ice? Move to abolish ICE, at center of storm in immigration battle, has a long way to go

USA Today: ICE on ice? Move to abolish ICE, at center of storm in immigration battle, has a long way to go

Forbes & Financial Times on the Supreme Court Travel Ban Decision

Forbes & Financial Times on the Supreme Court Travel Ban Decision

On June 26, 2018, the Supreme Court ruled in a 5-4 decision that the Trump administration’s decision to ban the entry of individuals from a group of primarily Muslim countries was constitutional, stating it is within the scope of the Immigration and Nationality Act.

In the wake of the decision I spoke with numerous media, including a Q&A with Forbes discussing the implications of the ruling. That interview can be read here: https://www.forbes.com/sites/stuartanderson/2018/06/27/the-travel-ban-decision-how-bad-for-immigration-policy/#54c1e1e05a81.

I also spoke with Financial Times regarding the unsurprising nature of the decision: https://www.ft.com/content/18cd1f96-794c-11e8-8e67-1e1a0846c475.

CNN: DACA ruling further complicates complex legal path forward

CNN: DACA ruling further complicates complex legal path forward

The April 24 ruling on DACA by Judge Bates gives the Trump administration 90 days to justify legal grounds to eliminate DACA. This decision, although a victory for Dreamers, further muddles the litigation on this issue.

“Overall it’s a pretty murky area for everyone involved, there’s no certainty for DACA recipients, or employers, or the government, in terms of what’s going on.”

Read more on this ruling in the CNN article, here: https://www.cnn.com/2018/04/25/politics/daca-legal-path-forward/index.html