Regulating Immigration in a Deregulatory Administration

Do critics of federal agency regulation object to regulation in all contexts? The Trump Administration clearly does not, given its drive to increase immigration regulation despite proclaiming to pursue a deregulatory agenda. The Trump Administration has not adequately justified its push for less regulation generally while imposing greater regulation on immigration. Opponents of regulation should actually favor deregulation in the context of immigration because their concerns about regulation align with core issues implicated in immigration law. Opponents of regulation invoke principles of fairness, individual liberty, and separation of powers—but these concerns all arise in the context of immigration as well. Immigrants grapple with exercises of agency power that determine basic life questions. Through immigration regulation, the government dictates where individuals may live and work and whether they may live with their immediate family. Immigration law should be the…

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