The Costs of Trumped-Up Immigration Enforcement Measures

The Costs of Trumped-Up Immigration Enforcement Measures (Kari Hong, Cardozo Law Review de novo, 2017) Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. Read More

Migrant Detention in the European Union: A Thriving Business

Migrant Detention in the European Union: A Thriving Business; Outsourcing and privatisation of migrant detention. (MIGREUROP, 2016). What does a migrant cost per day? That question is spotlighted if migration policy is determined by cost-benefit calculations, rather than by the principle of humane treatment. Such a political approach is taken in many fields of public services, from education and transport to electricity and water. To offer every service at the lowest possible cost, the concept of privatization is always adopted Read More

Deportations as Theaters of Inequality

Deportations as Theaters of Inequality (Amy Reed-Sandoval, Public Affairs Quarterly, Vol. 29, No. 2, April 2015) In this paper, I argue that deportations often serve as “theaters of inequality” that reinforce the unjust, widely held perception that Latina/os and Latin Americans do not belong in the united States and can therefore be treated as inferiors. My analysis focuses on the United States but is intended to be applicable to other states and contexts. Working within a relational egalitarian framework, I Read More

The Privatization of Immigration Detention: Towards a Global View

The Privatization of Immigration Detention: Towards a Global View (Flynn and Cannon, 2009) Flynn, Michael and Cannon, Cecilia Josephine, The Privatization of Immigration Detention: Towards a Global View (September 1, 2009). Available at SSRN: https://ssrn.com/abstract=2344196or http://dx.doi.org/10.2139/ssrn.2344196 The phrase “private prison” has become a term of opprobrium, and for good reason. There are numerous cases of mistreatment and mismanagement at such institutions. However, in the context of immigration detention, this caricature hides a complex phenomenon that is driven by a number of different Read More

Deporting the Pardoned

Deporting the Pardoned. Cade, Jason A. U.C. Davis Law Review (Vol. 46, 2). 2012. Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set aside a conviction under state law will often have no effect on the federal government’s determination to use that Read More

Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation

Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation (Alice Clapman, Cardozo Law Review, December 2011.) This article considers whether Padilla might have implications beyond the question of what constitutes effective assistance of counsel, and specifically, whether Padilla might provide a basis for challenging current limitations on the right to appointed counsel per se. Part I describes the particular problem of unrepresented defendants facing charges that would make them deportable, both in terms Read More

Penalty and Proportionality in Deportation For Crimes

Penalty and Proportionality in Deportation For Crimes (Maureen Sweeney and Hillary Scholten, Saint Louis University School of Law, 2011) It should be noted that our piece is limited in scope. For example, though we think it is a serious question, we will not address whether society, as represented by the government, has a strong enough interest in policing its borders and the content of its community to override constitutionally based protections for individuals (the plenary powers doctrine). Heartened by Padilla’s willingness to Read More

Immigration Law’s Organizing Principles

Immigration Law’s Organizing Principles (Cox 2009) Adam B. Cox, “Immigration Law’s Organizing Principles” (John M. Olin Program in Law and Economics Working Paper No. 453, 2009). Immigration law and scholarship are pervasively organized around the principle that rules for selecting immigrants are (and should be) fundamentally different from rules that regulate the lives of immigrants outside the selection context. Both courts and commentators generally conclude that the government should have considerably more leeway to adopt whatever selection rules it sees Read More

Deportation, Expulsion, and the International Police of Aliens

Deportation, Expulsion, and the International Police of Aliens (Walters 2002) Walters, William. 2002. “Deportation, Expulsion, and the International Police of Aliens.” Citizenship Studies 6 (3). Taylor & Francis Group: 265–92. doi:10.1080/1362102022000011612. Compared with refugee or immigration policy, the historical and political analysis of deportation is poorly developed. This paper suggests some lines along which critical studies of deportation might proceed. First, it argues that we can historicize and denaturalize deportation by setting it within a wider field of political and Read More