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Lawfare Archive: Cristina Rodríguez and Adam Cox on 'The President and Immigration Law'
The Lawfare Podcast
The Importance of Delegation in Immigration Law
Lawrence Lessig: I think you described two types of delegation by Congress to the president in immigration law. One is traditional express, very broad delegation to the president for certain immigration matters. And then there's what you call de facto delegation, complimented by what you were just describing as presidential enforcement discretion. He says both are part of a radical idea because we're arguing that Congress actually and sometimes intended for the executive to be making these fundamental choices.
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