As libertarians, we have always supported open borders as a matter of principle, but we are somewhat amused though not surprised by all the virtue signalling and moral grandstanding being displayed by our academic colleagues against Trump’s new immigration policy. (Here are just two egregious examples of such virtue signalling/moral grandstanding: this moralizing screed by Kevin Bryan, and Tyler Cowen’s patronizing reminder that the President is “executor of the Constitution.”) The problem with such critiques of Trump’s coldhearted immigration policy is that Article II of the Constitution confers on the President the plenary power to conduct foreign affairs, including the power to decide who is allowed into our country. Arguably, it is the ex parte issuance of nationwide injunctions by district judges that is in violation of the Constitution.
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