
For years, America’s immigration policy has been determined less by the elected branches of government than by a handful of federal district judges. Presidents proposed policies, Congress enacted statutes, and almost inevitably, a single judge somewhere in the country would issue an order purporting to suspend those policies nationwide.
That era may finally be drawing to a close.
Federal judges possess neither the democratic legitimacy of Congress nor the political accountability of the president.
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The Supreme Court’s two immigration decisions issued last week mark an important turning point — not simply because they uphold significant Trump administration immigration policies, but because they reaffirm a more fundamental constitutional principle: Immigration policy belongs primarily to the political branches, not the judiciary.
The court’s decisions addressed different questions: Mullin v. Doe concerned
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