Document Type
Note
Publication Date
2018
Publication Citation
93 Indiana Law Journal Supplement 139 (2018)
Abstract
I. UNITED STATES V. TEXAS: DEFINING THE BOUNDARIES OF ENFORCEMENT DISCRETION
A. DAPA AND THE CONSTITUTIONAL CHALLENGE
B. SCHOLARLY DEBATE: APPLICATION OF YOUNGSTOWN FRAMEWORK TO DAPA
II. TAKE CARE: CONFLICTING INTERPRETATIONS OF THE DUTY TO FAITHFULLY EXECUTE THE LAW
III. ENFORCEMENT DISCRETION: INTERACTION BETWEEN CONGRESS AND THE EXECUTIVE
A. HECKLER V. CHANEY: EARLY RECOGNITION OF EXECUTIVE ENFORCEMENT DISCRETION
B. ENFORCEMENT DISCRETION’S SPECIFIC APPLICATION TO IMMIGRATION LAW
C. THE MEANING OF “DEFERRED ACTION”
IV. THE HISTORICALLY LIMITED ROLE OF THE JUDICIARY
A. PRESUMPTIVE UNREVIEWABILITY
B. ADDITIONAL PROCEDURAL HURDLES
V. MOVING FORWARD: LESSONS TO BE LEARNED FROM THE OBAMA ADMINISTRATION
A. FRAMING ENFORCEMENT PRIORITIES: DISTINGUISHING NONSTATUS FROM LAWFUL PRESENCE
B. CONFERRING BENEFITS: APPEALING TO CONSERVATIVE VALUES
CONCLUSION
Recommended Citation
Chauvin, Lucy
(2018)
"Evading Constitutional Challenge: DAPA's Implications for Future Exercises of Executive Enforcement Discretion,"
Indiana Law Journal: Vol. 93:
Iss.
5, Article 5.
Available at:
https://www.repository.law.indiana.edu/ilj/vol93/iss5/5