Informal Executive Actions and Agency Guidance: Legal and Political Implications for Immigration and Other Policy Areas

Authors

Ihsan A. Alkhatib, Murray State UniversityFollow
James C. Clinger, Murray State UniversityFollow

Abstract

This paper is a study of the use of various forms of informal executive actions used by presidents and cabinet officials to guide the policy implementation of federal agencies. Among these are policy manuals, guidance statements, statements of administration policy, and announcements of executive priorities. The recent executive action regarding immigration announced by President Obama is also an example of this kind of behavior. The paper will rely upon the analysis of legal scholars who have examined the causes and consequences of informal executive actions. We will examine the implications that these actions have for public participation, transparency, consistency in decision-making, and inter-branch comity. The analysis will be applied to President Obama’s recent action regarding immigration enforcement.

Recommended Citation

Alkhatib, Ihsan A. and Clinger, James C. (2021) "Informal Executive Actions and Agency Guidance: Legal and Political Implications for Immigration and Other Policy Areas," Commonwealth Review of Political Science: Vol. 5: No. 1, Article 1.
DOI: https://doi.org/10.61611/2994-0044.1035
Available at: https://digitalcommons.murraystate.edu/crps/vol5/iss1/1