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Explaining the Divergence in Asylum Grant Rates Among Immigration Judges: An Attitudinal and Cognitive Approach

29 Pages Posted: 5 Sep 2013  

Linda Keith

University of Texas at Dallas - Department of Political Science

Jennifer S. Holmes

University of Texas at Dallas - School of Economics, Political and Policy Sciences

Banks Miller

University of Texas at Dallas

Date Written: October 2013

Abstract

In seeking to understand the variation in asylum grant rates by immigration judges (IJs), we apply a variation of the attitudinal model that we modify by incorporating a cognitive model of decision making, arguing that some pieces of information before IJs are treated objectively while others are treated subjectively. This model allows us to account for informational cues that influence decisions while assessing the impact of national interests and human rights conditions. We find that IJ policy predispositions play a dominant role, and that liberal IJs respond to applicant characteristics differently than conservatives, but also that the law constrains decision making.

Suggested Citation

Keith, Linda and Holmes, Jennifer S. and Miller, Banks, Explaining the Divergence in Asylum Grant Rates Among Immigration Judges: An Attitudinal and Cognitive Approach (October 2013). Law & Policy, Vol. 35, Issue 4, pp. 261-289, 2013. Available at SSRN: https://ssrn.com/abstract=2320845 or http://dx.doi.org/10.1111/lapo.12008

Linda Keith (Contact Author)

University of Texas at Dallas - Department of Political Science ( email )

Richardson, TX 75083
United States

Jennifer S. Holmes

University of Texas at Dallas - School of Economics, Political and Policy Sciences ( email )

2601 North Floyd Road
Richardson, TX 75083
United States

Banks Miller

University of Texas at Dallas ( email )

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