Immigration Exceptionalism and the Dual State

The second Trump Administration’s campaign of mass deportation has prompted comparisons to the theory of the Dual State developed by German Jewish lawyer Ernst Fraenkel to describe the emergent Nazi legal order. Audrey's presentation identified the continuity between some elements of the Dual State and immigration exceptionalism, through which all liberal democracies justify the diminution or negation of non-citizens’ legal rights in the name of sovereignty.  Immigration exceptionalism thus plays a distinctive role in enabling the patterns of state conduct associated with the Dual State