The Corner

Judge-Made Immigration Law?

The open-borders folks aren’t taking any chances with democracy — if they can’t get the elected representatives of the people to gut immigration control, how about the judges?! True, the judiciary hasn’t taken over immigration yet — as Andy McCarthy pointed out, last week’s decision on the Chinese Uighur Muslims upheld what’s come to be called the “plenary power doctrine,” which holds that immigration is “wholly outside the concern and competence of the Judiciary.” But the open-borders side isn’t letting up its assault on political — i.e., public — control over immigration, and has been trying to undermine the doctrine for years. In a new paper, legal policy analyst Jon Feere traces the history of the plenary power doctrine, the challenges to it launched by supporters of mass immigration, and some possible responses.

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