Document Type
Article
Publication Title
Boston University Law Review
Abstract
The direct application of constitutional norms in immigration law has long been stymied by unique doctrinal and institutional barriers. Scholarship has focused on the role that federal courts may play in indirectly advancing constitutional norms through statutory interpretation and the use of subconstitutional norms in immigration cases. Despite the limited role of federal courts vis-à-vis the administrative state in the shaping of immigration law, less attention has been paid to the role of the executive branch in this arena. This Article addresses and critiques the current state of administrative constitutionalism in immigration law. As this Article describes, the executive branch has underutilized its power to enforce constitutional norms in immigration law. Despite extensive opportunities for advancing constitutional norms in immigration adjudication, federal immigration officials have failed to embrace their role in constitutional decisionmaking. This Article argues that federal agencies can and should play a larger role in enforcing constitutional norms in immigration law.
First Page
485
Volume
98
Publication Date
2018
Recommended Citation
Alina Das,
Administrative Constitutionalism in Immigration Law,
98
Boston University Law Review
485
(2018).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1417
