Bordering on Legal Limits? Immigration Enforcement, Prosecutorial Discretion, and Executive Action Symposium

The American University Law Review's Annual Symposium brought together legal scholars, practitioners, government officials, professors, and students to discuss the scope of the Executive branch's legal authority in the immigration realm. In particular, the Symposium focused on addressing the following questions: (1) Whether the Executive Branch's actions in the immigration realm, including its use of Prosecutorial Discretion in the form of the Morton Memo, DACA, and future enhancements to DACA, are within the President's constitutional, statutory, and administrative authority? and (2) Is the use of Prosecutorial Discretion an abrogation of the President's duties under the INA and the Constitution of the United States because the President is de facto instituting his own immigration policy, contra Congress' intent, and with an explicit intent to occupy a field arguably relegated to Congress? The Symposium examined challenges to implementing the President's proposed plan as well as the implications of the announcement on future efforts for comprehensive immigration reform.