Immigration Reform Faces Legal and Political Hurdles, Expert Warns
Legal expert Aleksandar Cuic says immigration reform faces major hurdles, with court battles over bond, asylum, and enforcement ahead.
Immigration reform in the United States is at a critical juncture, with legal and political battles likely to define the next year, according to Aleksandar Cuic, director of the Immigration Clinic at Case Western Reserve University School of Law.
Cuic points to a fundamental obstacle: the lack of bipartisan agreement. The last major immigration law was passed in 1997, and even when one party controlled both the executive and legislative branches, comprehensive reform was never enacted. "Somebody actually has to do it," he says.
Several legal disputes are already heading toward the Supreme Court. One involves bond eligibility for detained immigrants, with federal appeals courts split on the issue. Another is birthright citizenship, which was recently upheld but is facing renewed challenges through new executive orders.
Beyond these, Cuic highlights the tension between an immigration system that allows entry and new restrictions. The Supreme Court has affirmed presidential authority to restrict immigration, and current bans on certain countries and visa categories could be expanded, inviting further litigation.
Asylum policy is another flashpoint. A new rule would skip interviews for asylum seekers and send cases directly to immigration court, effectively cutting off a review stage and, in practice, delaying or denying work permits that many applicants seek.
On enforcement, Cuic notes that states cannot make immigration law, but they can cooperate with federal authorities like ICE through programs such as Secure Communities. The line between state and federal enforcement remains blurry.
Looking ahead, Cuic expects debates over a potential blanket halt on immigration, which would affect employers and families. He also anticipates questions about how ICE will conduct enforcement, referencing past high-profile operations. Immigration, he says, remains one of the top three national issues alongside the economy and foreign conflicts, and it is unlikely to fade from the spotlight.