Many thanks to @UIllLRev for the opportunity to contribute to this symposium on the Biden administration& #39;s first 100 days—and for editing and publishing these pieces so quickly. It& #39;s a terrific, compelling collection and a privilege to be included. 1/ https://twitter.com/elizabeth_joh/status/1388200331603894274">https://twitter.com/elizabeth...
My contribution examines the litigation challenging @JoeBiden& #39;s efforts to fulfill his campaign promise to dismantle his predecessor& #39;s immigration policies—and the ways in which a Trump-transformed federal judiciary may seek to undermine those efforts. 2/ https://www.illinoislawreview.org/symposium/first-100-days-biden/immigration-enforcement-strategic-entrenchment-and-the-dead-hand-of-the-trump-presidency/">https://www.illinoislawreview.org/symposium...
Outgoing presidents often try to try to tie their successors& #39; hands—but the efforts by the Trump presidency and its allies to stymie @JoeBiden& #39;s immigration agenda have been unusual and irregular—"the whole point [was] 110% to screw [Biden] from doing anything for 6 months." 3/
Soon after Biden& #39;s swearing-in, the fmr president& #39;s allies went straight to a brand new Trump judicial appointee, Drew Tipton, to try to entrench Trump& #39;s immigration policies. He partially delivered, blocking Biden& #39;s 100-day deportation moratorium in two highly flawed rulings. 4/
While the lasting significance of Tipton’s decrees may be limited, they offer a window into the methods that a judiciary packed with Trump appointees may use to become an eager, active collaborator in partisan efforts to undermine @JoeBiden& #39;s policy agenda in the coming years. 5/
Even before @JoeBiden won the election, Trump-affiliated judicial appointees had been delivering votes (and in some cases, lengthy, aggressive, and angry separate opinions) in support of immigration restrictionist positions taken by the Trump presidency. 6/
More expansive (and no less dubious) legal claims are still pending before Tipton, and Trump& #39;s allies have filed other lawsuits seeking to entrench Trump& #39;s immigration agenda and effectively deny the Biden administration’s ability to implement its own immigration policies. 7/
If Tipton& #39;s rulings are any indication, these efforts to entrench Trump& #39;s immigration agenda may find receptive audiences among Trump’s judicial appointees. The potential implications extend far beyond the fate of the 100-day removal moratorium itself. 8/ http://klhn.co/2021illinoislawreviewbiden100days">https://klhn.co/2021illin...
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