Executive Power

Immigration Enforcement Under Trump: A Loose Cannon

February 21, 2018

The Trump administration’s immigration enforcement policy is a loose cannon, targeting noncitizens who have long been protected under prosecutorial discretion. The President has unleashed a policy that routinely targets anyone who is undocumented, not just “bad hombres.” This post examines the discretion used after a person has received a deportation (“removal”) order and how the…

Shoba Sivaprasad Wadhia

Will the Federal Judiciary Remain a Check and Balance After Trump?

February 16, 2018

Donald J. Trump is no stranger to the power of judges. As a businessman, he bragged about how he used lawsuits to protect his brand and to dodge bad investments through the bankruptcy process. Then, as a candidate for President, he showed his clear disdain for the independent role that judges play in our democracy….

Kristine Lucius

The Looming Battle over the Antiquities Act

January 6, 2018

On December 4, 2017, President Trump announced his long-anticipated decisions to shrink two major national monuments in southern Utah. Trump shrunk the Bears Ears National Monument designated by President Obama at the end of 2016 from 1.35 million acres to 201,786 acres, a reduction of about 85%. The Grand Staircase Escalante National Monument was reduced…

Mark Squillace

Making Sense of the National Monuments Conflict

December 7, 2017

The environmental community has been waiting for a shoe to drop ever since April 26th, when President Trump issued Executive Order 13792. The Order directed the Secretary of the Interior to recommend the reduction or abolition of national monuments that had been established or extended since the end of President Clinton’s first term. This past…

James Salzman