Washington, D.C. (January 12, 2023) – A new report by the Center for Immigration Studies provides a look at seven major judicial decisions of 2022 that have impacted immigration policy and an outline of what to expect from the courts in 2023. Anticipate action on crucial issues, including DACA, Remain in Mexico, and policy changes made without complying with the Administrative Procedure Act (APA).

Elizabeth Jacobs, the Center’s Director of Regulatory Affairs and Policy and author of the report, commented on her 2023 forcast, “The Executive Branch’s ability to limit immigration enforcement and provide benefits under the guise of ‘prosecutorial discretion’ will continue to be tested in the courts in 2023. Importantly, the Supreme Court will also have an opportunity to address the Biden administration’s tactic of ‘rulemaking-by-collective-acquiescence,’ what Chief Justice Roberts referred to as the government’s strategy to accept defeat in litigation in order to make policy changes without complying with procedures required by federal law.”