Thursday, September 13, 2012
Immigration Article of the Day: The Rule of Law, Historical Equity, and Mexican Contra Prohibition Immigrantsby Michael V. Hernandez
The Rule of Law, Historical Equity, and Mexican Contra Prohibition Immigrants by Michael V. Hernandez Regent University - School of Law. Regent Journal of International Law, Forthcoming
Abstract: Immigration reform issues are extraordinarily complex and have been the subject of extensive scholarship. In this article, I undertake the relatively modest goal of addressing two core issues of the immigration reform debate: a balanced view of the rule of law, and the significance of the unique attributes of our relationship with Mexico. I argue that our current laws and enforcement policies are not consistent with the rule of law. Specifically, because the rule of law mandates consonance between our immigration laws and reasonable and equitable enforcement standards, our immigration laws must be revised to conform to what is presently equitable and feasible. I also argue that, given our unique history with Mexico, Mexican nationals should occupy a favored status in our immigration laws. Although I do not advocate an open border, the United States and Mexican governments should undertake an aggressive partnership to formulate policies and adopt laws that will further economic development in both countries, particularly in Mexico. Finally, I conclude with a proposal to label immigrants in a more accurate and less divisive way that furthers constructive efforts to solve immigration related problems; hence the label in the article title "Contra Prohibition Immigrants."