105 Iowa L. Rev. 1447 (2020)

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Abstract

Nationwide injunctions are a relatively recent phenomenon that have been used with increasing frequency to halt policies, laws, and regulations. A nationwide injunction can keep a policy from going into effect in the whole nation, despite the fact that it is issued by a single district court judge. The Obama and Trump administrations have both had major immigration reform plans thwarted due to nationwide injunctions issued by district court judges. Not surprisingly, the use of nationwide injunctions has become a hotly debated topic. A recent Supreme Court concurring opinion suggested that the use of nationwide injunctions is unconstitutional. Legislation has been in the works to stop the remedy’s use. Proponents argue that the nationwide injunction is sometimes necessary, especially in the immigration context, in order to provide complete relief against nationwide suffering. Persons opposed to the nationwide injunction point to the lack of historical or textual basis for its use and its disruption of the separation of powers between the branches of the government. Ultimately, this Note argues that nationwide injunctions do not belong as a remedy in the immigration law context.