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Jennifer Chacón discusses unfulfilled U.S. immigration reforms

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John Taylor, Professor of Economics at Stanford University and developer of the "Taylor Rule" for setting interest rates | Stanford University

John Taylor, Professor of Economics at Stanford University and developer of the "Taylor Rule" for setting interest rates | Stanford University

Jennifer Chacón, the Bruce Tyson Mitchell Professor of Law, recently discussed U.S. immigration policy on the Stanford Legal podcast with co-hosts Pamela Karlan and Richard Ford. Chacón, co-author of the book "Legal Phantoms: Executive Action and Haunting Failures of Immigration Law," examined the impact of unfulfilled federal immigration reform promises and anti-immigration movements.

Ford opened the conversation by highlighting past bipartisan support for comprehensive immigration reform, which never materialized. Chacón shared that her research initially aimed to study this reform's rollout in 2013 but had to pivot when it did not happen. Instead, they focused on President Obama's Deferred Action for Parents of Lawful Permanent Residents (DAPA) and expanded DACA programs announced in late 2014. These programs intended to cover up to three million long-term residents without legal authorization.

However, these initiatives were blocked following lawsuits from Texas and other states challenging them on statutory and constitutional grounds. Karlan asked Chacón to explain “deferred action,” which allows individuals without legal status to remain in the country for humanitarian reasons.

Chacón emphasized the importance of humanizing immigrants who have lived in the U.S. for extended periods with deep ties to their communities. She noted how narratives around a "border crisis" have been used politically to undermine support for legal solutions for long-term residents.

The discussion also touched on immigrant perceptions regarding border policy and its impact on their status. While some immigrants prioritize harsher measures at borders, others fear such policies could negatively affect them or their loved ones.

Ford inquired about immigrants' relationships with federal agencies amid fears of deportation during both Obama’s and Trump’s administrations. Chacón highlighted immigrants’ nuanced understanding of different government levels affecting their lives.

Regarding ideal reforms, Chacón advocated providing lawful permanent residence and a path to citizenship for long-term undocumented residents integrated into U.S. communities. She also stressed improving asylum claim processing at borders due to significant backlogs in immigration courts.

Karlan referenced a major presidential candidate proposing mass deportations as a solution, prompting Chacón to emphasize telling more complex stories about immigrants beyond negative stereotypes perpetuated by political rhetoric.

Chacón’s research spans issues at the intersection of immigration law, constitutional law, and criminal law, elucidating how these frameworks shape societal understandings of identity and belonging. Her contributions include co-authoring textbooks on immigration law and advising President Obama’s campaign on immigration policy.

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