Administrative and Immigration Law

The Unexamined Law of Deportation, 110 Georgetown Law Journal __ (forthcoming) (job talk paper). 

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The internal administrative law of immigration enforcement depends on criminal history to determine who is a priority for deportation from the United States. I show empirically that local sanctuary policies and federal enforcement priorities reduce deportations by concentrating enforcement on noncitizens with criminal convictions. But should people with serious criminal convictions be first in line for deportation? There is an unavoidable tradeoff between prioritizing by criminality and protecting noncitizens with families and deep roots in the United States. I propose a framework for navigating that tradeoff and conclude that prioritization by criminality is only rarely justifiable.
 

Reviewing Administrative Review, Yale Journal on Regulation (2021).

Executive Control of Agency Adjudication: Capacity, Selection, and Precedential Rulemaking, 40 J. L. Econ. & Org. (forthcoming) (with Daniel E. Ho, Mark Krass, and Anne M. McDonough) (evaluating the Trump administration’s methods of controlling the immigration courts).

Sanctuary Policies Reduce Deportations Without Increasing Crime, Proceedings of the National Academy of Sciences (2020).

Coverage in the Washington Post, the Hill, the Chicago Tribune, Philadelphia Magazine, the Volokh Conspiracy, and Cato @ Liberty.

The Failure of Immigration Appeals, University of Pennsylvania Law Review (2016).
Appendix assessing the effect of remands on immigration judge behavior is available here.

Other Topics

Rights, Redistribution, and the Political Economy of Disability Discrimination Laws, Journal of Law and Social Inquiry (with David Freeman Engstrom) (2020).

Measuring the Economic Effect of Alien Tort Statute Liability,  

Journal of Law, Economics and Organization (with Darin Christensen) (2016).

Symposia and Notes

Brevity, Speed, and Deference: An Account from the Williams Chambers, Yale Journal on Regulation (2021) (with Daniel E. Ho & Anne Joseph O'Connell).

When Congress Requires Nationwide Injunctions, Colorado Law Review (2020).

Nationwide Injunctions and Nationwide Harm, Harvard Law Review Forum (with Spencer Amdur) (2017).

Cited in California v. United States, 941 F.3d 410, 421-22 (9th Cir. 2019), City of Chicago v. Barr, No. 18-2885, 957 F.3d 772 (7th Cir. 2020) and Trump v. Hawaii, 138 S. Ct. 2392, 2429 (2018) (Thomas, J., concurring).

Time, Due Process, and Representation: An Empirical and Legal Analysis of Continuances in Immigration Court, Fordham Law Review (with Jayashri Srikantiah) (2016).

Cited in Hernandez Lara v. Barr, 962 F.3d 45 (1st Cir. 2020).

Access to Justice for Immigrant Families and Communities: A Study of Legal Representation of Detained Immigrants in Northern California, Stanford Journal on Civil Rights & Civil Liberties (with Jayashri Srikantiah & Lisa Weissman-Ward) (2015).

Government Noncompliance with Constitutional Court Orders in South Africa, in Brandon Bartels & Chris W. Bonneau, Making Law and Courts Research Relevant: The Normative Implications of Empirical Research. Routledge (2014).

Note, How Congress Could Reduce Job Discrimination by Promoting Anonymous Hiring, Stanford Law Review (2012).

Note, When and Why the South African Government Disobeys Constitutional Court Orders, Stanford Journal of International Law (2012).