Is Immigration Law National Security Law?

28 Pages Posted: 12 Aug 2016 Last revised: 4 Mar 2017

See all articles by Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

The Pennsylvania State University (University Park) – Penn State Law

Date Written: July 15, 2016


The debate around how to keep America safe and welcome newcomers is prominent. In the last year, cities and countries around the world, including Baghdad, Dhaka, Istanbul, Paris, Beirut, Mali and inside the United States - have been vulnerable to terrorist attacks and human tragedy. Meanwhile, the world faces the largest refugee crises since the Second World War.

This article is based on remarks delivered at Emory Law Journal’s annual Thrower Symposium on February 11, 2016. It explores how national security concerns have shaped recent immigration policy in the Executive Branch, Congress and the states and the moral, legal and practical implications of these proposals. Finally, this article examines the parallels between these proposals and immigration policies enacted after September 11, 2001.

Suggested Citation

Wadhia, Shoba Sivaprasad, Is Immigration Law National Security Law? (July 15, 2016). 66 Emory Law Journal 669, Penn State Law Research Paper No. 21-2016, Available at SSRN:

Shoba Sivaprasad Wadhia (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

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