But Mr. Vladeck said Mr. Trump has exceeded even the most far-reaching bounds of that theory, and he expects Mr. Trump’s legal losing streak to continue.
“These assertions are already faring poorly in the courts, and I suspect the Supreme Court, or at least a majority thereof, will be as skeptical as lower courts have been,” he wrote.
The one case in which Mr. Trump has prevailed involved a request by immigrant rights groups, on behalf of migrants, to restart the CBP One app. That is a Biden administration program that allowed unauthorized migrants to be “paroled” into U.S. despite lacking a legal visa, as long as they prescheduled their arrivals at the border.