Abolishing ICE Is Not Enough: Using Conservative Judicial Principles to Protect Unauthorized Immigrants from a "Tyrannical Bureaucracy"

Authors

Ashley Dylenski, Benjamin N. Cardozo School of Law

Abstract

The note argues that abolishing ICE alone will not resolve the systemic issues plaguing the U.S. immigration system, as the root problem lies in Congress's overdelegation of authority to executive agencies. These agencies, operating under doctrines like plenary power and Chevron deference, wield broad discretion with minimal judicial oversight, leading to inhumane and unpredictable enforcement practices. The analysis advocates for resurrecting the nondelegation doctrine and reasserting congressional authority to restore separation of powers and ensure a more humane and transparent immigration system.

Disciplines

Constitutional Law | Immigration Law | Law | Law Enforcement and Corrections | President/Executive Department

Recommended Citation

Ashley Dylenski, Abolishing ICE Is Not Enough: Using Conservative Judicial Principles to Protect Unauthorized Immigrants from a "Tyrannical Bureaucracy", 26 Cardozo J. Equal Rts. & Soc. Just. 525 (2020).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol26/iss3/6