Immigration Law

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Session Type: Section Programs

Session Capacity: N/A

Hotel: Washington Marriott Wardman Park Hotel

Room: Roosevelt 3

Floor: Exhibition Level

This session will examine the “invisible wall,” a term that refers to non-statutory hurdles faced by legal immigrants. Executive branch actions at times affect access to legal immigration despite statutory opportunities. Changes in agency policy, changes in agency mood, or other phenomena can narrow the availability of legal opportunities for immigration. Examples of the invisible wall include preventing asylum seekers from accessing the border, increased denial rates of applications for legal status, and slower processing times of applications for legal status. The invisible wall implicates separation of powers principles because it questions the boundaries of executive branch enforcement. It also challenges notions of transparency in administrative law and raises questions about how attorneys should respond to the challenges of the invisible wall. The invisible wall also highlights the need to explore the principles that should influence the design and governance of a legal immigration system.