Professor Shoba Sivaprasad Wadhia authors forthcoming piece on ‘Deference in Immigration’

UNIVERSITY PARK, Pa.—Professor Shoba Sivaprasad Wadhia's forthcoming article “Deference in Immigration After Loper Bright” will be published by the Loyola University Chicago Law Journal.

In Loper Bright, the Supreme Court held that the Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority and also explicitly overruled the "watershed" decision of Chevron, which left the interpretation of ambiguous statutes to agencies, not the courts. Wadhia examines the significance of Loper Bright for the immigration space and scrutinizes the role of deference in immigration more broadly. Her article also analyzes what Loper Bright means for the future of rulemaking and immigration cases involving statutory interpretation.

Shoba Sivaprasad Wadhia is a nationally respected immigration scholar, law professor, author, and attorney. She joined Penn State Dickinson Law as a Clinical Professor of Law in 2008 and was named Samuel Weiss Faculty Scholar in 2013. One strand of Professor Wadhia's research lies at the intersection of administrative law and immigration law. Her related work includes “Assessing Visions of Democracy in Regulatory Policymaking” (w. Chris Walker), Georgetown Journal of Law & Public Policy, Vol. 21, (2023), and “The Case Against Chevron Deference in Immigration Adjudication” (w. Chris Walker), Duke Law Journal, Vol. 70, (2021).