Joseph Edlow, a Maryland attorney specializing in immigration law and policy, would be responsible for overseeing lawful immigration and supporting immigrants' integration into the nation as the director of the USCIS.
The Trump ally had a heated exchange with Illinois Sen. Dick Durbin during his confirmation hearing. In it, Durbin asked Edlow whether an executive official can lawfully defy a court order, most likely referencing the court orders the Trump administration has ignored as it continues to crack down on immigration.
"I would defer to counsel. Like I said, I'm not here in an attorney's role right now. I'm here as a director, or, as the nominee for director," Edlow stated, stumbling through his response in a clip circulating on X.
"I don't believe you need a law degree to answer this question," Durbin retorted. "Can an executive official lawfully defy a court order?"
The nominee, again, stumbled through a vague response.
"Again, given the speculative nature of the question, my answer remains the same. I will always...file advice of counsel," Edlow responded.
"No response," Durbin concluded. "This is what troubles me greatly," he continued. "If we cannot agree on this as the basic premise of our rule of law, where in the world are we headed as a nation? It should be a clear answer: lawfully defy a court order? No," Durbin stated.
Sen. DURBIN: So, can an executive official lawfully defy a court order?
— Senate Judiciary Democrats 🇺🇸 (@JudiciaryDems) May 22, 2025
Trump’s USCIS pick: *dodges*
Durbin: You don’t need a law degree to answer the question.
Nominee: *dodges*
Durbin: It should be a clear answer. No. pic.twitter.com/RO8FgEcmap
Edlow has long maintained close ties with President Trump after serving as acting director of the Department of Homeland Security (DHS) during Trump's first term. In 2022, he joined the Heritage Foundation, the conservative think tank behind Project 2025, as a visiting fellow in its Border Security and Immigration Center.
Trump's nominee was also listed as a contributor to Project 2025, which, according to Democracy Forward, proposes policies that would cut off asylum at the border, restrict legal immigration pathways, expand mass detention and deportation efforts, and harm immigrant children and families. For instance, the plan includes legalizing the detention of children in "jail-like conditions."
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