Tuesday, August 4, 2020

Essays on racism in administrative law focusing on immigration

The Yale JREG's Symposium on Racism in Administrative Law continues to present fascinating essays on the intersection of race, immigration, and the administrative state. Recent additions include:

  • Stella Burch Elias and immprof editor Kit Johnson's new essay Hire American: Race-Based Exclusion in Employment-Based Immigratio argues "despite their importance to the U.S. economy, foreign-born workers, and in particular immigrants of color, have long been viewed in the United States with suspicion and distaste. This long-standing animus has shaped the legal structures controlling employment-based migration since the very beginning of U.S. immigration law." 
  • Bijal Shah puts forward a research agenda for a critical theory of administrative law. Critiquing current approaches, she writes "These approaches to administrative law diminish or ignore the importance of evaluating the wisdom of policies—of segregationtiered access to fundamental rights for citizens, and the exclusion of noncitizens, to name just a few—and privilege anodyne analyses about which governmental entity (e.g., state or federal, elected or unelected) gets to make those decisions."
  • Rebecca Bratspie pens an in-depth essay about the immigrant whose name appears in INS v. Chadha, one of the most famous cases in both immigration and administrative law. She writes "Most casebooks include virtually no information about Jagdish Rai Chadha or about how he found himself in the situation that gave rise to this case. When he appeared before United States courts to defend himself against deportation, there was literally nowhere for him to go because Mr. Chadha was stateless. He had no nationality. A racist, colonial system of citizenship had expelled and disowned him.  When professors ignore that reality in favor of bicameralism and presentment they miss an opportunity to interrogate the erasure of issues of race in the administrative law setting. Chadha brings to life Ian Haney Lopez’s assertion that “law not only constructs race, race constructs law.”

These essays complement symposium essays previously highlighted on immigrationprof blog.



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