New Books In Latino Studies

Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state polic