This Note argues that these rules contradict the language and purposes of the Act. Part I of this Note examines the rules promulgated by the INS defining "known to the Government." Part II discusses the only reported case to dispute that definition and analyzes Chevron U.S.A., INc. v. Natural Resources Defense Council, Inc., the governing Supreme Court decision regarding judicial review of a government agency's interpretation of a statute that it administers. Part III uses the Chevron test to analyze the INS's rules defining "known to the Government." This Note concludes that the INS should adopt a broader definition that conforms with the plain meaning of the statutory language and is consistent with the purposes of the legalization provision.
Out of the Shadows: Defining "Known to the Government" in the Immigration Reform and Control Act of 1986,
11 Fordham Int'l L.J. 641
Available at: http://ir.lawnet.fordham.edu/ilj/vol11/iss3/7