Why the immigration initiative has nothing to do with assertions of executive constitutional power

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November 21, 2014

My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies. 

Featured Articles

Highlights of Taylor-Kent Hearing and Connections to Other Witnesses

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Timeline: Trump, Giuliani, Biden, and Ukrainegate (updated)

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A Who’s Who of Ukraine Witnesses

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The US Mission Tied to Syrian Oil Fields May Prove the Worst of All Strategic Options

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Congress Must Act to Protect Those Who’ve Supported Us in Syria

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Recap of Recent Articles on Just Security (Nov. 4-8)

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Interpol Proves Critics Right in Choosing Turkey to Host General Assembly

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Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?

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“Clearly of Latin American Origin”: Armed Attack by Non-State Actors and the UN Charter

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Why Does Ukraine’s Zelenskyy Say He Felt No Pressure From Trump?

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Recap of Recent Articles on Just Security (Oct. 28-Nov. 1)

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The Launch of Just Security’s Advisory Board

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More or Less Justice? More or Less Security?

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How Trump Could Really End “Endless Wars”

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A Game-Changing Provision in the House Impeachment Resolution

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Welcoming Joshua Geltzer as a New Executive Editor at Just Security

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ISIS Suspect Transfers to Iraq Replete with Risks

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Keeping Human Rights and Counter-Terrorism in Focus at the UN

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Exclusive: White House Ignored Pentagon Warning on Ukraine Funding

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The Rio Treaty: Paving the Way for Military Intervention in Venezuela?

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Trump’s Communications Malpractice Mars His Victory Lap on al-Baghdadi

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Why Officials Keep Testifying Despite White House Counsel’s Letter on Impeachment Inquiry

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How Trump’s Gilding the Lily on Baghdadi Death Will Return to Haunt Americans

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Recap of Recent Articles on Just Security (Oct. 21-25)

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George Washington’s Advisors Agreed: Impeachment Did Away with Executive Privilege

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United States of America v. Rudolph W. Giuliani

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GOP “Storming” of Secure Facility for Impeachment Proceedings: An Explainer

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Assessing Turkey’s “Resettlement” Plans in Syria under the Law of Occupation

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Abandoning Open Skies: Trump Would Be Squandering More of Our Security Inheritance

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“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts

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The Missing Link: Getting Dirt on Biden Was Key Part of “Investigation into 2016 Election” Too

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Bureaucratic Resistance and the Deep State Myth

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How to Address Newly Revealed Abuses of Section 702 Surveillance

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Bill Barr’s Witch Hunt

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Reassessing U.S. Cyber Operations Against Iran and the Use of Force

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Turkey’s (Latest) Invasion of Syria: Aggression, Proportionality, and Legal Consequences for NATO and Third-Party States

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The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”

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Career U.S. Officials Testifying to Congress: A Guide from Co-Equal

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Turkey’s Actions Trigger All States’ Obligations to Prosecute War Crimes by Turkish Forces

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Can Turkey be Expelled from NATO? It’s Legally Possible, Whether or Not Politically Prudent

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The Netherlands Releases a Tour de Force on International Law in Cyberspace: Analysis

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The Need for a Bipartisan Stand Against the White House Counsel Letter 

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White House Letter Distorts Both Law and History on Impeachment

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Returning Foreign Fighters and Their Families Takes on New Urgency After Trump’s Syria Decision

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The Real Decline of OLC

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Overwhelming Confirmation of Whistleblower Complaint: An Annotation

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Congress Wakes Up, Finally Decides to Tackle Kleptocracy

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Know Your Rights: Conversations with Congress

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Ukraine Prosecutor General Announces Audit of Cases Including Firm Linked to Hunter Biden

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Trump’s Extortion of Ukraine Is an Impeachable Abuse of Power

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Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next

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Bringing the Rule of Law to Sudan

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Trump Goes Full Putin—Capitulation Inside the Oval Office

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The Swiftboating of Joe Biden

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The “Quid” is a Crime: No Need to Prove “Pro Quo” in Ukrainegate

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Climate Change Denialism Poses a National Security Threat

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What’s the New Terror Financing Executive Order All About?

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France’s Major Statement on International Law and Cyber: An Assessment

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Guidelines on Investigating Violations of International Humanitarian Law

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Introduction to Just Security Series on UN Yemen Report

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Why a Judge’s Terrorism Watchlist Ruling is a Game Changer: What Happens Next

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Ending Suffering of Afghanistan’s Civilians is Necessary Condition for Peace Talks

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Q&A on Court Decision Invalidating Administration’s Terrorism Watchlist

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Yemen: Where Coalitions Come to Die

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The Pattern and Practice of Trump’s Assaults on the Intelligence Community

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The Once and Future Threat of Nuclear Weapon Testing

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U.S. Sanctions Against Iran’s Foreign Minister and International Law

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“Domestic Terrorism” Bills Create More Problems Than They Solve

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Second Circuit Gets Civil Forfeiture under the Foreign Sovereign Immunities Act Wrong

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Public Document Clearinghouse: Congressional Russia Investigations

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“Fiat Justitia”: Implications of a Canadian Military Justice Decision for International Justice

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Expert Summaries of Mueller Report: A Collection

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Proportionality and 150 Iranian Lives: Do They “Count”?

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Army and Marine Corps Publish New Manual: The Commander’s Handbook on the Law of Land Warfare

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Trump’s Encouraging QAnon May Result in Violence—Just ask the FBI

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The International Security Echo-Chamber: Getting Civil Society Into the Room

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Revisiting General Counsel Ney’s Speech in Light of New Pentagon Leadership

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EU Court of Justice Grapples with U.S. Surveillance in Schrems II

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After Publishing Strong Evidence of Trump’s Campaign Finance Crimes, DOJ Closes Case Without Explanation

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Criminal Prosecutions and Illegal Entry: A Deeper Dive

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What Did We Learn About Mark Esper and How He Views the World?

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“Safe Third Country” Agreements with Mexico and Guatemala would be Unlawful

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Why the ICC’s Judgment in the al-Bashir Case Wasn’t So Surprising

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We Treat America’s Wartime Detainees Better Than Migrant Children

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Policing, U.S. Style: With Little Idea of What Really Works

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Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda 

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Empathy Matters: Leadership in Cyber

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Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

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Top Expert Backgrounder: Children in Immigration Detention — What are the International Norms?

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Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars

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Looking to 2020: A Presidential Pledge for Gender Parity in National Security Appointments

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Did Trump and His Team Successfully Obstruct Mueller’s Investigation?

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Top Expert Backgrounder: Aborted U.S. Strike, Cyber Operation Against Iran and International Law

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U.K. Court Nixes Saudi Arms Sales–What it Means for the US and Other EU Countries

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Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law

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Journalist Watchlist Raises Specter of Civil Rights-Era Secret Surveillance

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U.S. Cyber Command, Russia and Critical Infrastructure: What Norms and Laws Apply?

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A Side-by-Side Comparison of Barr’s vs. Mueller’s Statements about Special Counsel Report

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Cooking the WMD Books: Politicizing the 2019 State Department Compliance Report

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The Missing Bill Barr Obstruction Analysis

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A Critique of Defense Dept General Counsel Ney’s Remarks on the Law of War

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Countering Russia’s Malign Influence Operations

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The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code

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When Is a “Literally True” Statement False and a Crime

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Why the Arms Trade Treaty Matters – and Why It Matters That the US Is Walking Away

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The Failures of the Mueller Report’s Campaign Finance Analysis

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Guide to the Mueller Report’s Findings on “Collusion”

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Trump Administration’s New Cuba Policy Threatens Discord With U.S. Allies

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Transparency on Civilian Harm in Somalia Matters – Not Just to Americans

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The Pentagon Wants to Streamline Security Clearances by Using AI. That’s a Dangerous Idea.

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An Insider’s View of the Life-Cycle of Self-Defense Reports by U.N. Member States

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BREAKING: United States Supports Germany’s International Arrest Warrant for Accused Syrian War Criminal

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The Seven Step Program for Fighting Disinformation

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Human Rights, Deprivation of Life and National Security: Q&A with Christof Heyns and Yuval Shany on General Comment 36

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Weapons of Mass Consumerism: Why China Wants Your Personal Information

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Executive Agreements: International Lawmaking Without Accountability?

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Annotation of the Pentagon Report to Congress on Detainee Abuse by U.S. Partners in Yemen

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Terrorists and the Southern Border: Myth and Reality

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10 Ways the U.S. Can Curb Interpol Abuses

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No Clean Hands: Reaction and Counter-Reaction in the Iranian-Saudi Proxy War in Yemen

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Need for Change to Protect Children in Armed Conflict

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Accountability Fatigue: A Human Rights Law Problem for Armed Forces?

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Annotation of Sec. Pompeo’s Certification of Yemen War: Civilian Casualties and Saudi-Led Coalition

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Please Support Just Security with a Tax-Deductible Donation

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The Technicolor Zone of Cyberspace, Part 2

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About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center. He was Deputy Assistant Attorney General at the Office of Legal Counsel from 2009-2010, and Attorney Advisor at the Office of Legal Counsel from 1994-2002. Member of the editorial board of Just Security. You can follow him on Twitter (@marty_lederman).

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