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Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
NULR Online
The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes …
It's Time For An Immigration Jury, Daniel I. Morales
It's Time For An Immigration Jury, Daniel I. Morales
NULR Online
No abstract provided.
Reclaiming The Immigration Constitution Of The Early Republic, James Pfander
Reclaiming The Immigration Constitution Of The Early Republic, James Pfander
Faculty Working Papers
In contrast to the view that national immigration policy began in 1875, this article explores evidence that immigration policy dates from the early republic period. Built around the naturalization clause, which regulates the ability of aliens to own land and shaped their willingness to immigrate to America, this early republic immigration policy included strong norms of prospectivity, uniformity, and transparency. Drawing on these norms, which readily apply in both the naturalization and immigration contexts, the paper argues against the plenary power doctrine, particularly as it purports to authorize Congress to change the rules of immigration midstream and apply them to …