To Comply or Not to Comply, That Is the Question: The Street‐Level Implementation of Jurisprudence by Migration Officers

ABSTRACT Building on Lipsky's scholarship, street‐level research conceptualises street‐level bureaucrats as policymakers who redefine policies through their discretionary practises. By focusing on decision‐making, this literature highlights the crucial role of non‐legal factors in shaping discretion. Consequently, the impact of judicial review on street‐level bureaucrats' practises is often overlooked or considered limited, and frequently attributed to a lack of legal expertise. To better understand why judicial decisions seem to have such a limited influence on administrative practises, this paper examines what happens within the administration after court rulings are issued. Drawing on ethnographic fieldwork conducted within the Belgian Immigration Office—the public agency responsible for processing family reunification applications—I show that court decisions trigger a collective interpretative process involving both caseworkers and legal experts, which can be understood as a form of epistemological bricolage. By questioning the aim of such a process, this paper makes two interrelated contributions. It challenges the assumption that bureaucratic noncompliance stems from a lack of legal knowledge, showing instead that administrative actors may deliberately choose not to comply and may even engage in strategic litigation. Consequently, it reveals that street‐level actors shape policy not only through case‐by‐case bureaucratic reasoning but also by actively participating in forms of legal activism.

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Publication Details

Journal
Social Policy and Administration
Published
2025-04-22
DOI
https://doi.org/10.1111/spol.13143
Citations
2
Primary Topic
Migration, Refugees, and Integration
Type
article
Field-Weighted Citation Impact
8.40

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article

To Comply or Not to Comply, That Is the Question: The Street‐Level Implementation of Jurisprudence by Migration Officers

Carla Mascia
2 citations
Social Policy and Administration
Migration, Refugees, and Integration
8.40
article

To Comply or Not to Comply, That Is the Question: The Street‐Level Implementation of Jurisprudence by Migration Officers

Carla Mascia
article en
2 citations

Abstract

ABSTRACT Building on Lipsky's scholarship, street‐level research conceptualises street‐level bureaucrats as policymakers who redefine policies through their discretionary practises. By focusing on decision‐making, this literature highlights the crucial role of non‐legal factors in shaping discretion. Consequently, the impact of judicial review on street‐level bureaucrats' practises is often overlooked or considered limited, and frequently attributed to a lack of legal expertise. To better understand why judicial decisions seem to have such a limited influence on administrative practises, this paper examines what happens within the administration after court rulings are issued. Drawing on ethnographic fieldwork conducted within the Belgian Immigration Office—the public agency responsible for processing family reunification applications—I show that court decisions trigger a collective interpretative process involving both caseworkers and legal experts, which can be understood as a form of epistemological bricolage. By questioning the aim of such a process, this paper makes two interrelated contributions. It challenges the assumption that bureaucratic noncompliance stems from a lack of legal knowledge, showing instead that administrative actors may deliberately choose not to comply and may even engage in strategic litigation. Consequently, it reveals that street‐level actors shape policy not only through case‐by‐case bureaucratic reasoning but also by actively participating in forms of legal activism.

Social Policy and AdministrationVol. 59(4)
Université Libre de Bruxelles (BE)
Fonds Alice et David van Buuren
Openalex Percentile: Top 4%
Migration, Refugees, and Integration
8.40
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To Comply or Not to Comply, That Is the Question: The Street‐Level Implementation of Jurisprudence by Migration Officers — Carla Mascia · Social Policy and Administration (2025) | TGRS Research Map | TGRS