What is it about?
The rule of law is a frequent theme in the US and global debates on immigration. This concept is typically invoked in the context of irregular or undocumented immigration. However, it also speaks to the legitimacy of the underlying legal and political system that produces the law, whether the law respects fundamental rights and due process, and the need for national leaders and government officials to be subject to the law. This chapter explores the multi-faceted ways in which the US immigration and refugee protection systems both uphold and dishonor the rule of law.
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Why is it important?
The chapter is important because it speaks to a fundamental aspiration of any legal system; i.e., that is, that it advance the rule of law. It's important because it interrogates the US refugee and immigration system based on this venerable concept.
Perspectives
This paper is one in a superb series of chapters by leading scholars for a Cambridge University Press volume titled "Constructing Immigrant 'Illegality.'" It explores how some migrants become "illegal" and others do not.
Mr Donald Kerwin
University of Notre Dame
Read the Original
This page is a summary of: “Illegal” People and the Rule of Law, Cambridge University Press,
DOI: 10.1017/cbo9781107300408.018.
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Resources
Restoring the Rule of Law to the US Immigration System
This is a Huffington Post blog on the theme of this book chapter.
Restoring the Rule of Law Through a Fair, Humane and Workable Immigration System
This is a report by the Center for American Progress on the rule of law and reform of the US immigration system.
International Migration, Human Dignity, and the Challenge of Sovereignty
This paper attempts to reclaim the concepts of sovereignty, rights and the rule of law from their use and common understanding in public discourse on international migration.
Special Collection on Access to Justice, Due Process, and the Rule of Law
This is a special collection of papers in honor of the late Juan Osuna, who devoted his storied professional career to access to justice, due process and the rule of law in the US immigration system. It is intended to contribute to the development of a removal adjudication system that operates in a fair, equitable, effective, and rights-respecting manner.
Contributors
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