Nearly 30 years ago, Congress recognized that the country could not litigate its way out of an immigration crisis.

As part of the Illegal Immigration Reform and Immigrant Responsibility Act, bipartisan majorities created expedited removal for anyone who failed to prove two years of physical presence in the United States. Anticipating a cottage industry of defense attorneys forcing the government to prove duration of unlawful stay, Congress also stripped federal courts of jurisdiction to review expedited removal orders.

At some point, the executive must defend not only its own authority but Congress’ authority to restrain the courts.

Three decades passed with little enforcement. Now, after that long dormancy, federal judges have begun reviewing cases they have no statutory authority to h

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