Crisis Meets Reality: A Bold Proposal for Immigration Reform

16 Pages Posted: 8 Aug 2008

See all articles by Karen E. Bravo

Karen E. Bravo

Indiana University Robert H. McKinney School of Law

María Mercedes Pabón

Loyola University New Orleans College of Law

Date Written: August 6, 2008

Abstract

The collective social psyche of the United States has struggled recently with the politics and morality of failed immigration reform and, in particular, with the concerns of what to do with its large undocumented population, especially in view of the ever-present post-September 11 national security concerns. Against this highly charged atmosphere, Kevin R. Johnson's latest offering, OPENING THE FLOODGATES: WHY AMERICA NEEDS TO RETHINK ITS BORDERS AND IMMIGRATION LAWS, boldly proposes that we abandon all pretense of being able to manage or control the borders as currently conceptualized and open the borders by loosening the currently broken-down immigration system. In this well-researched, well-documented, and eminently readable volume, Johnson, a renowned immigration law scholar, masterfully marshals arguments based on liberal theory as to why a less restrictive system - that is still very mindful of national security and public safety - is a much better alternative than the current immigration chaos. Invoking a free market approach to immigration, Johnson calls for more focused border controls, not complete dismantling of the borders. Under his suggested reformation, the borders would be deregulated with controls focused on true dangers to U.S. society. We believe that Johnson's proposal provides a much-needed rational and realistic voice that contrasts with the morass of alarmist immigration sentiment currently prevailing in U.S political rhetoric. It should be considered seriously by policy makers, academics, and anyone interested in understanding and transforming current immigration law and policy.

Keywords: Immigration Law, immigration reform, post-September 11, undocumented immigrants, Kevin R. Johnson, borders, U.S. society, focused controls, national security concerns

JEL Classification: K19, K39, K15

Suggested Citation

Bravo, Karen E. and Pabón, María Mercedes, Crisis Meets Reality: A Bold Proposal for Immigration Reform (August 6, 2008). Southern Methodist University Law Review, Vol. 61, No. 1, 2008, Available at SSRN: https://ssrn.com/abstract=1209523

Karen E. Bravo

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

María Mercedes Pabón (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St Charles Avenue
New Orleans, LA 70118
United States

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