TOWARDS A MORE JUST U.S. IMMIGRATION SYSTEM: EXAMINING AND CRITIQUING CURRENT IMMIGRATION LAWS AND POLICIES AND SUGGESTING PATHS FORWARD

Abstract

The policies and practices of the United States immigration system result in systemic injustices and harms. The following thesis project is composed of a series of three policy recommendations, all of which aim to ameliorate the unjust outcomes associated with immigration in the United States. The first recommendation targets the lack of appointed legal counsel for individuals facing immigration proceedings through the implementation of a universal representation policy at the federal level. Establishing universal legal representation would significantly improve the quality of justice delivered in immigration courts across the country, and in turn would provide stability, security, and unity to thousands of individuals and families affected by immigration proceedings. The second recommendation addresses the disproportionate structural barriers within United States immigration policy faced by marginalized groups and aims to provide more accessible paths to lawful status. The steps to achieve these goals include the implementation of a sliding scale of administrative fees associated with the immigration application process, the passage of legislation providing paths to citizenship and lawful status for those residing in the United States, and an update to the registry year written into the Immigration and Nationality Act. Finally, the third policy recommendation targets the inhumane and excessively punitive practice of immigration detention. It is my recommendation that immigration enforcement be shifted to a system of case management and resource provision.