For years, America’s immigration policy has been determined less by the elected branches of government than by a handful of federal district judges. Presidents proposed policies, Congress enacted statutes, and almost inevitably, a single judge somewhere in the country would issue an order purporting to suspend those policies nationwide. That era may finally be drawing to a close.
The Supreme Court’s two immigration decisions issued last week mark an important turning point—not simply because they uphold significant Trump Administration immigration policies, but because they reaffirm a more fundamental constitutional principle: immigration policy belongs primarily to the political branches, not the judiciary.
The Court’s decisions addressed different questions: Mullin v. Doe concerned the executive’s authority over Temporary Protected Status, while Mullin v. Al Otro Lado involved the government’s ability to regulate when and how aliens arriving at the border may invoke asylum procedures. Both opinions reject the increasingly common assumption that federal judges may freely substitute their policy preferences for those of Congress and the president in matters of immigration.