Executive Branch Has Created Its Own, Separate Immigration System
Bureaucrats have issued work permits through regulation without any directives from Congress
By John Miano on December 2, 2024
America’s immigration system is in a state of chaos. The situation has become so bad that the consequences of border chaos have been brought to large segments of the public.
A major reason for the chaos is that America now has two immigration systems operating at cross purposes. The first is the one Congress created and the second was created by the administrative state through regulation.
Under the Constitution, Art. I, § 8, Congress is supposed to have the power to define the immigration system.
A combination of congressional laziness, bureaucratic overreach, and judicial indifference has allowed the creation of the second immigration system.
One of the issues is the Supreme Court’s invention of the doctrine of “standing”. I will not go into standing into much detail here because there is so much to cover. Standing is an entirely political system, where the courts determine whether a particular plaintiff is worthy to bring a lawsuit.
When a court wants to reach an outcome that goes contrary to law, the court can simply make the political pronouncement that the plaintiff does not have standing to bring the lawsuit. Standing creates for the administrative state a defense for any action it takes, no matter how outrageous. The first response of the administrative state to legal challenge is to argue the plaintiff lacks standing. In fact, litigating standing alone can take years and can also take longer than litigating the merits of a case. The rules of standing create many situations where flagrantly unlawful agency actions have no one who can challenge them. (More on that below.) Whenever you hear a federal court talking about standing, it is functioning as a court of politics and not a court of law.
https://cis.org/Miano/Executive-Branch-Has-Created-Its-Own-Separate-Immigration-System
