In a Federalist Society webinar on Monday, July 12, 2021, at 2PM eastern, my coauthor Shoba Sivaprasad Wadhia and I will be discussing our article The Case Against Chevron Deference in Immigration Adjudication, as well as the Biden Administration’s apparent move from adjudication and guidance to rulemaking for major immigration policy. Dick Pierce and Susan Dudley will be joining the discussion, so it should be entertaining and engaging. You can join us for free by registering here.

Here’s the description of the webinar:

Motivated in part by Congress’s failure to modernize immigration policy in the United States, Presidents in recent years have turned to administrative law and the regulatory process to make major immigration policy. The Obama Administration’s DACA and DAPA immigration policies come immediately to mind. So does the Trump Administration’s attempted recission of DACA, among other regulatory or executive branch actions such as the travel ban, regulation of “sanctuary” cities, and major adjudicative and rulemaking policy changes to asylum and related relief.

Now that regulation is the primary means for immigration lawmaking, scholars, judges, and government officials have begun debating the proper regulatory processes for promulgating major immigration policy. In her book Beyond Deportation, for example, Professor Shoba Sivaprasad Wadhia has examined the value of rulemaking over agency guidance for major immigration policy and related relief. In a recent coauthored Duke Law Journal article, Professor Christopher Walker has joined Professor Wadhia to argue that the Biden Administration should shift the immigration policymaking default from administrative adjudication to notice-and-comment rulemaking (and not seek Chevron deference in immigration adjudication).

This webinar will explore these arguments regarding the appropriate regulatory process for immigration policymaking and how the Biden Administration (and the federal courts) have already started to take up this call to action. Professors Wadhia and Walker are joined by Professors Susan Dudley and Richard Pierce, both of whom have deep expertise in administrative law and regulatory process.