The Dynamics of State and Local Contexts and Immigration Asylum Hearing Decisions

• 成果类型: Article
• 署名作者: Chand, Daniel E.; Schreckhise, William D.; Bowers, Marianne L.
• 署名单位: University System of Ohio; Kent State University; Kent State University Salem; Kent State University Kent; University of Arkansas System; University of Arkansas Fayetteville; University of California System; University of California San Diego
• 刊物名称: JOURNAL OF PUBLIC ADMINISTRATION RESEARCH AND THEORY
• ISSN/ISSBN: 1053-1858
• DOI: 10.1093/jopart/muw043
• 发表日期: 2017
• 页码: 182-196
• 关键词: policy adoption; public-opinion; devolution; COURTS; opposition; DISCRETION; POLITICS; appeals; judges; IMPACT

摘要

Immigration judges (IJs) preside over cases related to immigration law, determining whether an individual should be granted asylum. The few prior studies of IJs have focused on factors of interest to judicial politics scholars, such as characteristics of the judge or applicant in a case. Drawing from public administration literature, we add a new set of factors related to local and state context in which the IJ works. Using multilevel regression analysis, we examine the decisions of 245 IJs made from fiscal years 2009 through 2014. Indeed, it appears context is important. We find IJs grant asylum less often in communities where citizens more often vote Republican and where the local economy is poor. Judges in states where statewide agencies have opted to participate in the restrictive immigration program 287(g) also granted significantly lower percentages of asylum applications. States with Democratic governors and state legislative majorities granted asylum more often, as do IJs working in United States-Mexico border communities. With respect to traditional factors, judges with more experience and those that hear higher percentages of cases involving individuals from Guatemala, El Salvador, and Honduras, grant significantly fewer petitions for asylum. Judges who hear high percentages of petitions from applicants with attorneys grant significantly more asylums.