Friday, February 26, 2016

Immigration Article of the Day: DAPA and the Future of Immigration Law as Administrative Law by Jill E. Family


DAPA and the Future of Immigration Law as Administrative Law by Jill E. Family, Widener University - Commonwealth Law School February 16, 2016 Washburn Law Journal, Vol. 55, 2015 Widener Law Commonwealth Research Paper No. 15-34

Abstract: Immigration law is a type of administrative law, of course. In some ways, however, linking immigration law to administrative law is an awkward fit. As a branch of administrative law, immigration law is about the direct regulation of human beings. In immigration law, administrative law doctrines are applied to determine some of the most fundamental and basic human concerns: where an individual will live and work, and whether that individual will live with family or will be separated from a spouse and children. Also, while immigration law is a part of administrative law, at times the two can appear to be distant cousins. Because immigration law is so technical, requires dedicated study to gain expertise, and perhaps because it involves the regulation of people, immigration law can seem like it occupies its own island, cut-off from the administrative law mainland.

This Essay argues that the litigation over the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) initiative shows that immigration law experts can no longer afford to think of immigration law as in any way estranged from mainstream administrative law principles. Immigration lawyers and scholars must embrace administrative law as their own. This Essay will explore the DAPA litigation and explain that the future of immigration law is tied to the future of administrative law.


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