Shawn Fields (University of San Diego School of Law) has posted The Unreviewable Executive? National Security and the Limits of Plenary Power (Tennessee Law Review, Vol. 84, No. 3, 2017) on SSRN. Here is the abstract:
This Article explores the weakened foundations of plenary power as a coherent doctrine in immigration, and asserts that a continued if limited role for the doctrine exists in the national security context. With reference to recent litigation over the Trump travel bans, the Article calls for a two-tiered level of review of challenged immigration action: 1) a searching evidentiary inquiry regarding the central motivation behind the action, and 2) a more deferential inquiry into the action's constitutionality when the action was driven primarily by national security interests.