Lawmaking and the Dynamics of Discretion in an Administration Agency

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This longitudinal study of the development of law, under the able direction of Dr. Calavita, examines the decisionmaking processes of the Immigration and Naturalization Service (INS) as it has interpreted Congressional legislation. The focus of the research is on the period from 1952 to the present, a time in which the INS has exercised wide discretion in the interpretation of Congressional statutes. Also Dr. Calavita examines judicial- administrative interaction and the influence of court decisions on INS decisionmaking and discretion. Systematic analysis of archival data and in-depth interviews are used to probe the transition from formal law to law-in-action and the effect of the external and internal environment on this policymaking process. Among the factors under study are a macro-level contradiction between the economic role of immigration and the political effort to restrict immigration, INS response to concerns articulated by special interest groups and individual legislators, and a dual personnel structure within the agency itself that includes both political appointees and career officials. This study represents an important attempt to advance knowledge of the evolution from formal to de facto law, while bridging the theoretical schism between macro- and micro-level explanations of legal behavior. It should add considerably to our scientific understanding of lawmaking in administrative agencies.