Oregon Law Review : Vol. 99, No. 2 (2021)

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Give Me Your Tired, Your Poor, Your Huddled Masses: An Overview of the Immigration System and Chevron Deference
(University of Oregon School of Law, 2021-05-06) Cotto-Lazo, Gilbert Alexander
This Article will make three arguments: (1) that structural administrative flaws—namely, the interview of each person seeking asylum and agency review of that interview—result in deprivation of due process rights of migrants; (2) that these same structural flaws are compounded when the judiciary grants agency deference to administrative decisions; and (3) that where political accountability severely undermines a particular agency’s expertise, such as in the immigration context, deference should either be amended from its current form or not afforded at all. Part I examines the history and current structure of immigration, asylum, and refugee laws in the United States as they pertain to modern-day immigration issues. Part II provides a historical overview of agency deference and its current role in the immigration context. Part III highlights the structural issues resulting from both the administrative state and agency deference and proposes potential solutions. Lastly, the Article concludes by reviewing the argument.