Conflicting Signals: Understanding US Immigration Reform Through the Evolution of US Immigration Law

Abstract:     
This essay, published in the Revista catalana de dret public (Catalan Journal of Public Law), highlights the conflicting signals sent throughout the history of US immigration law. One consistent feature of the development of US immigration law is that it has exhibited signs of welcome and of tight control. Understanding this conflicted narrative helps to explain modern debates about immigration reform in the United States. The conflicting signals are evident in debates about the effectiveness of the system designed to select immigrants (including its enforcement features) and in debates over the future of the immigration adjudication system. Opposing views in these debates reflect the historical signals of welcome and of tight control.

Number of Pages in PDF File: 31

Keywords: immigration, judicial review, administrative adjudication, executive power, administrative law, separation of powers, immigration history, immigration politics

JEL Classification: K23, K39

Accepted Paper Series