A Meditation on Federal Power Over Immigration: Virtual Annual Meeting Panel Spotlight

How much independent constitutional authority does the President have over immigration, and how much power has Congress given him? What has the historical treatment been of executive authority over immigration? What do federal judges have to say about President Trump’s Executive Orders on immigration?

The field of immigration law is bursting with complexity and change. At the Federal Bar Association’s Virtual Annual Meeting September 8-11, 2020, panelists will analyze recent Supreme Court decisions, statutes, and federal agency regulations regarding the plenary nature of executive power over immigration. The panel on “The Scope and Limitations of Presidential Power Authority to Suspend and Expand Immigration” will provide attendees with a 360-degree view of the American immigration system that includes in-depth historical and legal analysis.

The 2020 Virtual Annual Meeting is FREE to all members! Registration includes access to the General and CLE Sessions, Roundtables, Lounges, and Networking Events. Nonmembers pay only $100.  Register now at www.fedbar.org/fbacon20.

To better understand provisions of U.S. immigration law, and how the courts and Congress might limit a president’s executive authority, Jeff D. Joseph, moderator of the panel on immigration law,  explains as follows:

This president is wielding enormous power to create policy in the immigration field. Our panel will go through the historical treatment of how the courts have handled presidential power in the past and analyze how it has affected this country. Congress hasn’t done anything to fix immigration so maybe President Trump has to decide enforcement priorities and who can be deported. The courts during this administration are frequently intervening and concerned about executive overreach. The President has a certain budget to enforce immigration and has to prioritize enforcement. Is President Trump exercising it appropriately and independent of politics? Our panel on immigration will talk about deference and the major cases being litigated under Section 212(f) of the Immigration and Nationality Act. 

On Friday, September 11, 2020 from 1:00-2:00pm EDT, join fellow practitioners to learn more about Presidential plenary power over immigration law and policy as well as the scope and limitations of such power and how the courts have sought to reign in the abuse of power over history. Panelists include Jeff Joseph, Senior Partner, Joseph & Hall P.C. (moderator), Kate Melloy Goettel, Legal Director, American Immigration Council, and Mariko Hirose, International Refugee Assistance Project. These speakers will discuss recent ramifications of executive authority over immigration including DACA, DAPA, the Muslim Ban, the COVID ban, the healthcare proclamation, and visa suspension.

The FBA Annual Meeting is known for its robust, extensive approach to networking and education. This year’s Virtual Annual Meeting will be no different. As Jeff Joseph, Vice-Chair for the Immigration Law Section, observes, “We are going to talk about broad themes so it’s relatable to everyone. We’ll use the context of immigration as examples. For instance, we’ll discuss healthcare and COVID, and explore when the president has the power to create law without Congress.”

To say there are a lot of stakeholders in immigration policy is an understatement. The immigration law panel at the upcoming Virtual Annual Meeting is a great learning tool for litigators as well as law students and lawyers interested in the mechanisms to challenge executive overreach.

“I’m really interested in hearing the perspective on Deferred Action for Childhood Arrivals because when DACA happened in 2012, it seemed so good but it also got challenged and then upheld in the Supreme Court,” Mr. Joseph remarks.

Through the use of Presidential Proclamations and Executive Orders, Presidents have sought to expand, limit, suspend and eliminate “legal” immigration. The Virtual Annual Meeting seeks to assess the latest changes in the immigration law landscape.

The FBA facilitates real connections, virtually! Sign up for the 2020 Virtual Annual Meeting now at www.fedbar.org/fbacon20.

About the Author

Stacy Slotnick, Esq. holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst. She performs a broad range of duties as an entertainment lawyer, including drafting and negotiating contracts; addressing and litigating trademark, copyright, patent, and other IP issues; and directing the strategy and implementation of public relations, blogging, and social media campaigns.

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 16,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.