The Promise of a Subject-Centered Approach to Understanding Immigration Noncompliance. (June 2017)

• Record Type: Journal Article
• Authors: Ryo, Emily
• Is Part Of: Journal on migration and human security. Volume 5:Number 2(2017)
• Page Start: 285
• Page End: 296
• Publication Date: 2017-06
• Subjects: Emigration and immigration -- Periodicals; Human security -- Periodicals; Emigration and immigration; Human security; Periodicals; 325
• DOI: 10.1177/233150241700500204
• Languages: English
• ISSNs: 2331-5024

Abstract

Unauthorized immigrants and immigration enforcement are once again at the center of heated public debates and reform agendas. This paper examines the importance of applying a subject-centered approach to understanding immigration noncompliance and to developing effective, ethical, and equitable immigration policies. In general, a subject-centered approach focuses on the beliefs, values, and perceptions of individuals whose behavior the law seeks to regulate. This approach has been widely used in non-immigration law contexts to produce a richer and more nuanced understanding of legal noncompliance. By contrast, the subject-centered approach has been an overlooked and underappreciated tool in the study of immigration noncompliance. This paper argues that a subject-centered understanding of why people obey or disobey the law has the potential to generate new insights that can advance public knowledge and inform public policy on immigration in a number of important ways. Specifically, the paper considers how the use of this approach might help us: (1) recognize the basic humanity and moral agency of unauthorized immigrants, (2) appreciate not only direct and immediate costs of immigration enforcement policies, but also their indirect and long-term costs, and (3) develop new and innovative strategies to achieving desired policy goals.