Victor C. Romero

The Power of Exclusion: Congress, Courts, and the Plenary Power

This chapter explores three important themes in constitutional immigration law. First, as creators and executors of U.S. immigration policy, Congress and the President have virtually limitless power over designating who may enter the country, under what terms, and when they must leave. Second, this plenary power over immigration law was created by a complicit U.S. Supreme Court and has never been constitutionally repudiated. The plenary power doctrine thus enjoyed the Court’s imprimatur, guaranteeing considerable political branch latitude even if laws resulted in systemic exclusion based on invidious criteria like race or national origin. Third, notwithstanding this historical deference to the political branches, the Court has provided an occasional yet essential check on legislative and executive overreaching.

Compassionate Migration and Regional Policy in the Americas

Published in 2017 by Palgrave Macmillan, this edited volume explores the contested notion of compassionate migration in its discourse and practice. In the context of todays migration patterns within the Americas, compassionate migration can play a fundamental role in responding to the hardships that many migrants suffer before, during, and after their journeys. As surveyed in this Introduction, the edited volume explores the boundaries of compassion from legal, political, philosophical, and interdisciplinary perspectives, and supplies examples where state and non-state actors engage in practices of compassion and humanity through formal and informal regimes. Despite the Introductions acknowledgment of a lack of a concise and precise definition of the concept and practice of compassionate migration, all authors in this volume agree on the pressing need for more humane and compassionate treatment for those leaving their home country behind in search of a better life. Overall, as previewed in the Introduction, this collection strives to offer carefully balanced analyses, forward-looking strategies, and pragmatic proposals for compassionate immigration reform at domestic and regional levels.