Comprehensive Immigration Reform(s): Immigration Regulation Beyond Our Borders

51 Pages Posted: 11 May 2014 Last revised: 28 May 2014

Date Written: May 9, 2014

Abstract

American lawmakers, jurists, and scholars are vigorously debating the future direction of immigration regulation in the United States. Following the passage on July 27, 2013 of Senate Bill 744, some kind of comprehensive reform seems increasingly likely. Immigration law is inherently inter-jurisdictional and transnational, but thus far the conversation about immigration reform has failed to look beyond our own national borders for alternative models or practices. This Article seeks to broaden the immigration regulation debate by contrasting recent developments in immigration regulation in the United States with those in other countries with federal systems. In three federal nations that traditionally had widely divergent approaches to immigration regulation — Germany, Australia, and Canada — strikingly similar multi-tiered, multi-governmental systems of immigration regulation have emerged in recent years. This Article proposes that the future direction of immigration regulation in the United States should consider the German, Australian, and Canadian models of immigration law and policy to shed light on a range of potentially desirable legislative, regulatory, and policy options. The German, Australian, and Canadian experiences strongly suggest that any reform of our own immigration laws should permit states and localities to play a greater role in immigrant selection, a continued role in immigrant inclusion, and more limited role in the enforcement of immigration laws that exclude immigrants from the country.

Keywords: immigration, nationality, comparative law

Suggested Citation

Elias, Stella Burch, Comprehensive Immigration Reform(s): Immigration Regulation Beyond Our Borders (May 9, 2014). Yale Journal of International Law, Vol. 39, No. 1, 2013; U Iowa Legal Studies Research Paper No. 14-17. Available at SSRN: https://ssrn.com/abstract=2435289

Stella Burch Elias (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
91
rank
268,138
Abstract Views
671
PlumX Metrics