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What is "Comprehensive Immigration Reform"? Taking the Long View

Hiroshi Motomura

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Abstract

This essay is an expanded version of my 2009 Hartman Hotz Lecture at the University of Arkansas, Fayetteville. Its focus is “legalization.” I first identify several common misconceptions about legalization. I next suggest some ways of thinking about whether or not legalization is a good thing and about what a legalization program might look like. I then address objections to legalization and examine various versions of legalization in U.S. immigration law history. The core of the essay explains why it is important to think about legalization as the retroactive application of durable changes to immigration law, rather than as a one-time scheme for conferring lawful status.

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What this paper is about

This essay is an expanded version of my 2009 Hartman Hotz Lecture at the University of Arkansas, Fayetteville. Its focus is “legalization.” I first identify several common misconceptions about legalization. I next suggest some ways of thinking about whether or not legalization is a good thing and about what a legalization program might look like. I then address objections to legalization and examine various versions of legalization in U.S. immigration law history. The core of the essay explains why it is important to think about legalization as the retroactive application of durable changes to immigration law, rather than as a one-time scheme for conferring lawful status.

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Available abstract

This essay is an expanded version of my 2009 Hartman Hotz Lecture at the University of Arkansas, Fayetteville. Its focus is “legalization.” I first identify several common misconceptions about legalization. I next suggest some ways of thinking about whether or not legalization is a good thing and about what a legalization program might look like. I then address objections to legalization and examine various versions of legalization in U.S. immigration law history. The core of the essay explains why it is important to think about legalization as the retroactive application of durable changes to immigration law, rather than as a one-time scheme for conferring lawful status.

Key concepts: Legalization, Immigration, Political science, Immigration reform, Law, Focus (optics), Sociology, Immigration law

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