Presidential Address: “A Thousand Petty Fortresses”: Administrative Burden in U.S. Immigration Policies and Its Consequences

Abstract

AbstractContradictory elements in U.S. immigration policy, reflecting a long‐time struggle between inclusionary and exclusionary views, have resulted in federal legislation filled with compromises and tradeoffs that, at state and sub‐state levels, play out in unclear interpretations and uneven, highly discretionary administration and enforcement of immigration law and policy. This research describes a tool of discretionary administration—administrative burden—that is increasingly used in enforcing immigration law and policies at state and sub‐state levels and presents a theoretical frame for more fully investigating and addressing its consequences. The application and implications of administrative burden are explored empirically and qualitatively in a case study analysis of an enforcement‐oriented policy change in Texas that denied access to birth certificates for some citizen‐children born to Mexican immigrants. To better understand the potential consequences of this and related policies, interviews with immigrant parents and longitudinal data from a survey of children of immigrants are analyzed to assess both short‐term and later outcomes of children who are denied economic assistance and other benefits under policies that impose barriers to their integration into society. The study findings point to serious, adverse consequences for citizen children of state and sub‐state immigration policies that create administrative burden and perpetuate racial discrimination, while simultaneously diminishing the transparency, fairness, and effectiveness of public administration.