Northwestern University Law Review Online
Ming H. Chen, Leveraging Social Science Expertise in Immigration Policymaking, 112 Nw. U. L. Rev. Online 281 (2018), https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1261&context=nulr_online, available at https://scholar.law.colorado.edu/articles/1172/.
The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes by suggesting administrative, political, and judicial mechanisms that would encourage policymakers to leverage expertise and curb irrationality in immigration policymaking.
Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required.