The Immigration Battle in American Courts - 9780521767088

"Anna Law's the Immigration Battle in American Courts manages to provide fresh insight into not one, but two, of the pressing issues of the day. An accomplished political scientist who has taken the time to learn what she needs of the legal system, Law demonstrates how the flood of immigration cases has changed the law and functioning of the court system, and how they in turn have had an impact on countless individuals. She also shows how under a torrent of cases, the Supreme Court can lose control of its lower courts. This book, rich with data, based on many interviews with judges, and deeply steeped in both the law and present realities, is an essential read for anyone interested in either immigration, or the workings of the U.S. justice system."---Barry Friedman, New York University School of Law

"This is a provocative and important book. Professor Anna Law has provided us with a powerful view of how the federal courts adjudicate immigration cases. Her research is richly textured, drawing upon interviews with federal judges, careful analysis of specific cases, and an innovative quantitative database. The result is a sophisticated portrait of how the historical development and multilevel structure of the federal judiciary has had significant implications for immigrant litigants. A valuable contribution to both public law and immigration scholarship."---Daniel J. Tichenor, University of Oregon

"The Immigration Battle in American Courts is well written, creative, and rigorously researched. It is the best book I have seen in demonstrating how differences in the unique and slowly changing institutional contexts of the Supreme Court and the Courts of Appeals shape judges' perceptions of what they should be doing and how they should be doing it, and thus their decision making. It is a must-read for political scientists, legal scholars, historians, and policy makers who are experts in the Supreme Court and lesser federal courts, immigration law and policy, and American political development. It is also a must-read for the informed public and students who are interested in immigration policy and the place of federal courts in the American political system."---Ronald Kahn, Oberlin College

This book assesses the role of the federal judiciary in immigration and the institutional evolution of the U.S. Supreme Court and of the U.S. Courts of Appeals. Neither court has played a static role across time. By the turn of the twentieth century, a division of labor had developed between the two courts where by the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Anna O. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to spek of an undifferentiated institution called "the federal courts" or "the judiciary," for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.