The U.S. Department of Justice and Department of Homeland Security has consistently attempted to make the process of becoming a lawful permanent resident of the United States difficult, at best. A 1997 Department of Justice regulation made this process impossible for a certain class of immigrants known as parolees, despite the fact that the Immigration and Nationality Act explicitly allowed these parolees the opportunity to become lawful permanent residents. The Department later withdrew this regulation because of the controversy it created in the federal circuit courts of appeal. However, new proposed regulations threaten to harm the position of immigrants in a similar impermissible fashion. This Comment explains how the actions of the Department of Justice and the Department of Homeland Security contravene Congress's explicit commands and are inherently unfair to a valuable class of immigrants.
Glenn C. Smith,
Solving the "Initiatory Construction" Puzzle (and Improving Direct Democracy) by Appropriate Refocusing on Sponsor Intent,
U. Colo. L. Rev.
Available at: https://scholar.law.colorado.edu/lawreview/vol78/iss1/8