Source: Suzanne Monyak, ROLL CALL, 9/15/21

Litigation emerged as a key strategy under the Trump administration for immigrant advocates to halt sweeping policy changes, from attempts to rescind protections for undocumented immigrants brought to the U.S. as children to efforts that narrowed asylum eligibility. However, recent court rulings against the Biden administration’s attempts to reverse such policies have revealed the limits of relying on litigation as a vehicle for change. “Suddenly, our immigration policy is being decided by a multitude of federal courts around the country and creating policy chaos,” said Theresa Cardinal Brown, managing director of immigration and cross-border policy at the Bipartisan Policy Center and a former Homeland Security official.

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