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Authors

Peter Margulies

Abstract

The September 11 attacks pose a challenge for reconciling security and democracy in American immigration law. The consequences of discounting security concerns are clear in the hijackers' gaming of the immigration system. However, the elevation of security at the expense of democracy threatens both of these crucial values. This Article proposes an integrative approach to the interaction of democracy and security in immigration law. The premise of the integrative approach is that democracy and security are interdependent in the immigration arena. Immigrants historically have pushed the United States to live up to its democratic ideals. Targeting immigrants threatens to render those ideals expendable. At the same time, a nation must effectively protect persons within its borders if it is to make good on the promise of self-government that democracy entails.

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