Smart(er) Enforcement: Rethinking Removal, Structuring Proportionality, and Imagining Graduated Sanctions (2015, Daniel Kanstroom)

This Article is a foray into deep waters. Its main purpose is to sketch and to justify a better framework for interior immigration enforcement. Such a framework should satisfy two major goals. First, it should engage meaningfully with “public order,” operational efficiency, and basic human rights. Put another way, it must be both effective and legitimate. Second, it should govern the major aspects of interior immigration enforcement architecture: prosecutorial discretion, statutory/regulatory structure, adjudicative interpretation, and adjudicative discretion. The Article’s conclusion is that the best way to accomplish this is, first, to dramatically de-emphasize immigration enforcement against long-term legal residents; and second, to take the notions of proportionality and graduated sanctions seriously in structural-rather than in discretionary-ways.