Degree Type

Honors Capstone Project

Date of Submission

Spring 5-1-2018

Capstone Advisor

Thomas Keck

Honors Reader

Elizabeth Cohen

Capstone Major

Political Science

Capstone College

Arts and Science

Audio/Visual Component

no

Capstone Prize Winner

no

Won Capstone Funding

no

Honors Categories

Social Sciences

Subject Categories

American Politics | Arts and Humanities | Other Legal Studies | Political Science | Social and Behavioral Sciences

Abstract

Regulation of immigration policy is an expressed power granted to the federal government in the Constitution; however, state and local governments often pass immigration policy legislation to address gaps in federal legislation. This research project seeks to understand the role of federal circuit courts ruling powers in determining the legal standing and substitute holding of merits for immigration policy regulation. By analyzing the political ideology of presiding judges and understanding the relationship between political ideology and judicial decision support for federal or state regulated policy, this project seeks to recognize the role of federal circuit courts in enhancing and shaping America’s immigration policy. This research found a ruling pattern in the Second, Fifth and Ninth Circuit Court of Appeals favoring federally regulated immigration policy. While the impact of Republicanism/conservativism of judges yielded inconclusive results, Democratic/liberal judge panels affirmed federal immigration policy more than state/local immigration policy. The results of this thesis open avenues for additional research such as whether the level of liberalness/conversativness of the immigration policy in question affects judicial decisions.

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

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