Volume 32
Issue 1
Fall '17

Immigration Law Allies and Administrative Law Adversaries

Written By: Jill E. Family

Abstract

This article explores this convergence phenomenon, including examining the extent of the convergence. Examining efforts to discredit the Chevron doctrine and to reimagine the rulemaking process shows how immigration law allies share some of the concerns of administrative law adversaries. Also, there are immigration law implications if these reforms take hold. In addition to considering immigration law implications, the broader consequences are important. Immigration law allies should be aware that some who are arguing against Chevron deference and that some who are arguing to add obligations to the rulemaking process are doing so because ultimately they prefer to weaken, if not destroy, the administrative state. What may be good for immigration law in the short term may weaken administrative law principles in the long term.

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