Is Immigration Law National Security Law?

The debate around how to keep America safe while welcoming newcomers is prominent. In the last year, cities and countries around the world, including Baghdad, Dhaka, Istanbul, Paris, Beirut, Mali, and inside the United States, have been vulnerable to terrorist attacks and human tragedy. Meanwhile, the world faces the largest refugee crises since the Second World War. This Article is based on remarks delivered at the Emory Law Journal¿s annual Thrower Symposium on February 11, 2016.

The Article explores how national security concerns have shaped recent immigration policy in the Executive Branch, Congress, and the states and considers the moral, legal, and practical implications of these proposals. Finally, this Article examines the parallels between these proposals and immigration policies enacted after September 11, 2001.