Crossing Borders and Criminalizing Identity: The Disintegrated Subjects of Administrative Sanctions

Crossing Borders and Criminalizing Identity: The Disintegrated Subjects of Administrative Sanctions. (Keramet Reiter and Susan Bibler Coutin, Law and Society Review, 51 (567). 2017) This paper draws on in-depth, qualitative interviews that examine individual experiences in two different legal contexts: deportation regimes and supermax prisons. Through putting these contexts and experiences into dialogue, we identify common legal processes of punishment experiences across both contexts. Specifically, the U.S. legal system re-labels immigrants (as deportable noncitizens) and supermax prisoners (as dangerous gang offenders). This Read More

Transforming Crime-Based Deportation

Transforming Crime-Based Deportation (Daniel I. Morales, New York University Law Review, 92 (3), 2017. Why not rid the United States of criminal noncitizens and the disorder they cause? Because, scholars urge, immigrants reduce crime rates, deporting noncitizens with criminal convictions costs far more than it is worth, and discarding immigrants when they become inconvenient is wrong. Despite the force of these responses, reform efforts have made little headway. Crime-based deportation appears entrenched. Can it be transformed, rather than modified at the Read More

The Wrongs of Unlawful Immigration

The Wrongs of Unlawful Immigration (Ana Aliverti, Criminal Law and Philosophy, Vol, 11, Issue 2, pp 375–391, June 2017) For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of Read More

New immigration law in Argentina bans entry, expels foreigners with criminal records

New immigration law in Argentina bans entry, expels foreigners with criminal records (Fox News 2017) Fox News. 2017. “New Immigration Law in Argentina Bans Entry, Expels Foreigners with Criminal Records,” January 31. http://www.foxnews.com/world/2017/01/31/new-immigration-law-in-argentina-bans-entry-expels-foreigners-with-criminal-record.html. Argentinian President Mauricio Macri signed a degree that toughens immigration law to speed up the deportation process and bar entry to foreigners with criminal records.  The decree greenlights the prompt deportation of thousands of foreign inmates currently serving sentences in Argentina and has received some backlash from Read More

Criminal Justice in an Era of Mass Deportation: Reforms from California

Criminal Justice in an Era of Mass Deportation: Reforms from California (Ingrid V. Eagly, 20 New Criminal Law Review 12 (2017 Forthcoming)). After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Read More

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

Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law

Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law (Jim Waasdorp & Aniel Pahladsing, Bergen Journal of Criminal Law and Criminal Justice • Volume 4, Issue 2, 2016, pp. 247-266) At EU-level, the use of substantive criminal law as a response to illegal migration is materialised by both the EU legislator and the Member States individually. EU involvement in criminalizing illegal migration takes place in a twofold manner: directly, through harmonization of national Read More

Regulating the Human Supply Chain

Regulating the Human Supply Chain (Gordan 2017) Gordon, Jennifer. 2017. “Regulating the Human Supply Chain.” Iowa Law Review 102 (2): 445+. https://ilr.law.uiowa.edu/print/volume-102-issue-2/regulating-the-human-supply-chain/. Legal scholarship has failed to take note of the increasing impact of recruitment intermediaries on the rule of law in the United States, and on the regulation of employment in U.S. low-wage labor markets in particular.  This Article fills that gap for forming a novel conceptual framing of migrant recruitment as a “human supply chain.”  It builds on this Read More

Mathis, Descamps, and the End of Crime-Based Deportation

Mathis, Descamps, and the End of Crime-Based Deportation (Kari Hong, U.C. Davis Law Review, forthcoming (2017)). The belief that immigrants are crossing the border, in the stealth of night, with nefarious desires to bring violence, crime, and drugs to the United States has long been part of the public imagination. Studies and statistics overwhelmingly establish the falsehood of this rhetoric. The facts are that non-citizens commit fewer crimes and reoffend less often than citizens. But facts do not stop the myth. Read More

Rebuilding Self and Country: Deportee Reintegration in Jamaica

Rebuilding Self and Country: Deportee Reintegration in Jamaica (Bernard Headley and Dragan Milovanovic, 2016, Migration Policy Institute) More than 45,000 Jamaicans were deported from abroad between 2000 and 2014, primarily from the United States, the United Kingdom, and Canada. Each month these countries return more than 100 Jamaicans on average to a nation grappling with persistently high levels of crime and poverty. Deportees are not greeted with open arms upon return, in part due to a widely held view in Read More

“Immigrants are Not Criminals”: Respectability, Immigration Reform, and Hyperincarceration

“Immigrants are Not Criminals”: Respectability, Immigration Reform, and Hyperincarceration (Rebecca Sharpless, Houston Law Review, 2016, Vol.53(3)) Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and Read More

Rights and Reintegrating Deported Migrants for National Development: The Jamaican Model

Rights and Reintegrating Deported Migrants for National Development: The Jamaican Model (Bernard Headley & Dragan Milovanovic, Social Justice, 43.1, 2016). Each year, the US, the UK, and Canada together deport hundreds of thousands of people. Under President Barack Obama, US deportations were on track to hit a record two million by the end of 2014-nearly the same number of persons deported between 1892 and 1997 (New York Times 2013). In 2013, 50,741 persons were deported from the UK, or they Read More

ICE Enforcement and Removal Operations Report

ICE Enforcement and Removal Operations Report (2015, U.S. Immigration & Customs Enforcement) This report summarizes U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations’ (ERO) Fiscal Year (FY) 2015 removal activities. ICE shares responsibility for enforcing the Nation’s immigration laws with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). In executing its enforcement duties, ICE focuses on two core missions: 1) the identification and apprehension of criminal aliens and other priority aliens located in Read More

Beyond Respectability: Dismantling the Harms of “Illegality”

Beyond Respectability:  Dismantling the Harms of “Illegality” (Angelica Chazaro, 52 Harv. J. on Legis. 355, 2015) Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a “path to earned citizenship.” However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to whom the path to citizenship is barred — such as those with prior Read More

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin (2015, Charlotte Blondel, Marie Conciatori, Nausicaa Preiss, Meritxell Sayos Monras, Suzanne Seiller, Janine Uhlmannsiek ) Following the recent crisis in the Mediterranean Sea, the European Commission presented on May 15th 2015 a new European Agenda centred on the present challenges of global migration. As the High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the Commission stated, “with this agenda we confirm and Read More

A Cost-Benefit Analysis of the Federal Prosecution of Immigration Crimes

A Cost-Benefit Analysis of the Federal Prosecution of Immigration Crimes (2015, Kit Johnson) Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (court-house costs, alternative prosecution, and incarceration). I conclude that deportation immediately following a conviction for an immigration crime appears to capture the key benefit of this system (signaling/expression) while alleviating its Read More

Mexican migrants and the rise of the deportation regime, 1942-2014

Mexican migrants and the rise of the deportation regime, 1942-2014 (Goodman 2015) Goodman, Adam. 2015. “Mexican Migrants and the Rise of the Deportation Regime, 1942-2014.” University of Pennsylvania. http://repository.upenn.edu/edissertations. This dissertation traces the rise of the deportation regime in the United States from 1942 to the present. It reveals that the origins of the regime are inextricably intertwined with the history of Mexican migration. It uses a diverse array of English- and Spanish-language archival sources from the United States and Read More

Causas e impactos de la deportación de migrantes centroamericanos de Estados Unidos a México

Causas e impactos de la deportación de migrantes centroamericanos de Estados Unidos a México (Simón Pedro Izcara Palacios y Karla Lorena Andrade Rubio, 2014). Durante la última década el número de migrantes expulsados con una orden de deportación de Estados Unidos a México casi se ha duplicado. No todos los migrantes deportados a México tienen nacionalidad mexicana, algunos son ciudadanos de países centroamericanos. Este artículo, fundamentado en una metodología cualitativa que incluye entrevistas en profundidad a 75 migrantes centroamericanos que Read More

Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien

Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien (Audrey Macklin, 40:1 Queen’s LJ, 2014) Since 9/11, Western governments have redefined what it means to be a citizen. Though citizenship is often thought of as an inalienable right, the emergence of the “homegrown ” terrorist has called into question whether certain citizens deserve the protection that citizenship status provides. Although international treaties preclude a country from rendering a person stateless, recent legislative and executive action in the Read More

Preventing irregular migration: restrictions on movement, mental injury and breach of fundamental rights

Preventing irregular migration: restrictions on movement, mental injury and breach of fundamental rights (Zia Akhtar, International Journal of Public Law and Policy, Vol. 4, No. 2, 2014) The legal regime has become increasingly strict for those facing deportation as ‘illegal’ migrants in both the UK and the USA. The UK Borders, Citizenship and Immigration Act 2009 has created an overlap between criminal and the seeker of asylum or refugee. It has led to the overstayers’ confinement without safeguards for their age Read More

Beyond ‘”Crimigration”and the Civil-Criminal Dichotomy: Applying Mathews v. Eldridge in the Immigration Context

Beyond ‘”Crimigration”and the Civil-Criminal Dichotomy: Applying Mathews v. Eldridge in the Immigration Context (Ramanujan Nadadur, Yale Human Rights and Development Journal: Vol. 16: Iss. 1, Article 5, 2013). Policies and regulations from the past decade underscore the need for strong constitutional safeguards in removal proceedings, which are administrative proceedings where an Immigration Judge adjudicates whether a noncitizen should be deported from the United States under the Immigration and Nationality Act (INA). Deportation has accelerated; the Obama Administration has removed nearly 400,000 Read More

Creating CrImmigration

Creating CrImmigration (César Cuauhtémoc García Hernández, 2013 Brigham Young University Law Review 1457 (2013)). Scholars from a variety of disciplines have begun to map the contours of crimmigration law, the convergence of criminal law and immigration law, in the United States. None, however, has explained why these two bodies of law, long operating mostly independently of each other, began to intersect with increasing frequency and severity in the closing decades of the twentieth century and not earlier. This Article unravels the political Read More

Life After Deportation: Surviving as a Dominican Deportee

Life After Deportation: Surviving as a Dominican Deportee (Evan Rodkey, 2014) This thesis is the culmination of an ethnographic study centered on the survival strategies of deportees from the United States living in Santo Domingo, the capital of the Dominican Republic. The focus is on people who moved to the U.S. at a young age and later faced deportation as adults for conviction of a crime after spending many years—near lifetimes in many cases—in the U.S. Over the course of 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

Addition by Subtraction? A Longitudinal Analysis of the Impact of Deportation Efforts on Violent Crime

Addition by Subtraction? A Longitudinal Analysis of the Impact of Deportation Efforts on Violent Crime (Jacob I. Stowell, Steven F. Messner, Michael S. Barton, Lawrence E. Raffalovich, Law & Society Review,  47(4), 2013). Contemporary criminological research on immigration has focused largely on one aspect of the immigration process, namely, the impact of in‐migration (i.e., presence or arrival) of foreign‐born individuals on crime. A related but understudied aspect of the immigration process is the impact that the removal of certain segments of Read More

Subject to Deportation: IRCA, ‘criminal aliens,’ and the policing of immigration

Subject to Deportation: IRCA, ‘criminal aliens,’ and the policing of immigration (Jonathan Xavier Inda, Migr Stud (2013) 1 (3): 292-310) The targeting of criminal offenders for removal has become one of the central priorities of contemporary immigration enforcement in the USA. Scholars have rightly highlighted the importance of a series of laws passed during the 1990s, in particular the Antiterrorism and Effective Death Penalty Act, and the Illegal Immigration Reform and Criminal Responsibility Act, in laying the foundations for this targeting Read More

Turning Migrants into Criminals: The Harmful Impact of US Border Prosecutions

Turning Migrants into Criminals:  The Harmful Impact of US Border Prosecutions (Human Rights Watch 2013) Human Rights Watch. “Turning Migrants into Criminals: The Harmful Impact of US Border Prosecutions.” 2013. https://www.hrw.org/report/2013/05/22/turning-migrants-criminals/harmful-impact-us-border-prosecutions. Illegal entry and presence in the United States without authorization violate US civil immigration law and are punishable by removal from the country and other civil law penalties. The act of entering the United States without authorization (illegal entry) and the act of reentering after deportation (illegal reentry) are Read More

How Private Prisons Game the Immigration System

How Private Prisons Game the Immigration System (Lee, 2013) Fang, Lee. 2013. “How Private Prisons Game the Immigration System.” The Nation, February 27. https://www.thenation.com/article/how-private-prisons-game-immigration-system/. Major private prison corporations, Corrections Corporation of America (CCA), the biggest operator of private prisons in the world, and the Geo Group are lobbying for enforcement-heavy immigration reform.  Both group profit from the detention and deportation of undocumented immigrants in the U.S.  

Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations

Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations (Sheldon Novick, Georgetown Immigration Law Journal, Vol. 27, No. 3, p.485, 2013) Current “comprehensive immigration reform” proposals would regularize the status of some undocumented immigrants, and provide a path to citizenship. Those would be important reforms, if less than comprehensive. Discussions of immigration reform have not yet adequately addressed the human rights crisis caused by a program of mass deportation of “unlawful” aliens, a program in which Read More

Outsourcing Criminal Deportees

Outsourcing Criminal Deportees (2013, Eleanor Marie Lawrence Brown) Introduction [excerpt] Source-labor countries—states that “export” migrants—are virtually invisible in immigration law scholarship. Notwithstanding the growing recognition that ever more people live transnational lives, the dominant conceptualization of immigration law and policy in the United States remains uni-nationally oriented. Under this approach, most immigration questions hinge on reforming and enacting federal laws. “Crimmigration” scholarship—located at the intersection of criminal and immigration law—embodies this uni-national paradigm. Recent contributions by Professors Mariano-Florentino Cuéllar and David Read More

Immigration Enforcement in the United States: The Rise of a Formidable Machinery (Meissner et al. 2013) Meissner, Doris, Donald M. Kerwin, Muzaffar Chishti, and Claire Bergeron. 2013. Immigration Enforcement in the United States: The Rise of a Formidable Machinery. Migration Policy Institute. The U.S. government spends more on federal immigration enforcement than on all other principal federal criminal law enforcement agencies combined, and has allocated nearly $187 billion for immigration enforcement since 1986. In fiscal 2012, the federal government spent 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

Immigration Law and the Proportionality Requirement

Immigration Law and the Proportionality Requirement (Michael Wishnie, 2 U.C. IRV. L. REV. 415 (2012)). Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its vitality is well established in numerous areas of criminal and civil law, in the United States and abroad. Doctrinal and theoretical debates concerning proportionality review of criminal sentences, civil punitive damages awards, and other sanctions Read More

Deportation for a Sin: Why Moral Turpitude Is Void for Vagueness

Deportation for a Sin: Why Moral Turpitude Is Void for Vagueness (Mary Holper, Nebraska Law Review 90, no.3 (2012): 647-702). A major problem facing noncitizen criminal defendants today is the vagueness of the term “crime involving moral turpitude” (CIMT) in deportation law. The Supreme Court in the 1951 case Jordan v. DeGeorge decided that a statute authorizing deportation for a CIMT was not void for vagueness because courts had long held the noncitizen’s offense, fraud, to be a CIMT, so he Read More

Working with Deported Individuals in the Pacific: Legal and Ethical Issues

Working with Deported Individuals in the Pacific: Legal and Ethical Issues (UNDP Pacific Centre, 2012) Deportation as described by the International Organization for Migration (IOM) refers to “the act of a State in the exercise of its sovereignty in removing an alien from its territory to a certain place after refusal of admission or termination of permission to remain.” Therefore, for criminal deportation cases this refers to the removal of an alien (non-citizen) after committing a criminal act in the 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

The Immigration Penalties of Criminal Convictions: Resurrecting Categorical Analysis in Immigration Law

The Immigration Penalties of Criminal Convictions: Resurrecting Categorical Analysis in Immigration Law (Alina Das, 86 N.Y.U. L. Rev. 1669 (2011)). For over a century, noncitizens in the United States have faced adverse immigration consequences if convicted of certain types of offenses in criminal court. Many criminal convictions carry severe immigration penalties, including deportation, detention, and the denial of statuses like asylum and U.S. citizenship. The Supreme Court recently recognized that these penalties are so intimately tied to criminal court adjudications that criminal 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

Deportation and Double Jeopardy After Padilla

Deportation and Double Jeopardy After Padilla (Aaron Haas, 26 Geo. Immigr. L.J. 121, 2011) Deportation of criminal aliens has continually been deemed a civil sanction and thus not subject to Fifth Amendment protections against Double Jeopardy. However, there is increasing evidence that the criminal-civil distinction is eroding under modern criminal and immigration jurisprudence. Specifically, the Supreme Court is increasingly willing to find that ostensibly civil sanctions that seem punitive in purpose or effect are punishments. I argue in this article Read More

Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?

Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress? (2011, Daniel Kanstroom) Though widely heralded by immigration and human rights lawyers as a “landmark,” possible “watershed,” and even “Gideon decision” for immigrants, Padilla v. Kentucky is perhaps better understood as a Rorschach test, than as a clear constitutional precedent. It is surely a very interesting and important U.S. Supreme Court case in the (rapidly converging) fields of immigration and criminal law in which the Court struggles Read More

The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment

The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment (Daniel Kanstroom, 58 UCLA L. Rev. 1461 (2011)) The U.S. Supreme Court’s pathbreaking decision in Padilla v. Kentucky seems reasonably simple and exact: Sixth Amendment norms were applied to noncitizen Jose Padilla’s claim that his criminal defense counsel was ineffective due to allegedly incorrect advice concerning the risk of deportation. This was a very significant move with virtues of both logic and justice. It will Read More

Doing Time: Crimmigration Law and the Perils of Haste

Doing Time: Crimmigration Law and the Perils of Haste (Juliet P. Stumpf, 58 UCLA L. Rev. 1705 (2011)). Crimmigration law wastes one of the law’s most valuable tools: time. It eschews the temporal gauges that criminal law and immigration law rely on to evaluate who should be included or expelled from society. Instead, crimmigration law narrows the decision whether to exclude or expel the noncitizen from the nation to a single moment in time: the moment of the crime that makes Read More

The Merry-Go-Round of Youth Gangs: The Failure of the U.S. Immigration Removal Policy and the False Outsourcing of Crime

The Merry-Go-Round of Youth Gangs: The Failure of the U.S. Immigration Removal Policy and the False Outsourcing of Crime (2011, Jonah M. Temple) The United States’ policy of deporting noncitizen criminals to their countries of origin is fueling a proliferation of gang membership both in Central America and in the United States. Deportation does not deter gang activity but instead helps to facilitate the transnational movement of youth gangs. Rather than continue this failed approach, this Comment proposes that the Read More

Deportation is Different

Deportation is Different (Peter L. Markowitz, (2010)). Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly 400,000 individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Among those 400,000 were numerous detained juveniles and mentally ill individuals who, as a result of the civil designation, had no right to appointed Read More

Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community

Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community (2010, Walter Leitner International Human Rights Clinic; Returnee Integration Support Center; Deported Diaspora) The Walter Leitner International Human Rights Clinic of the Leitner Center for International Law and Justice at Fordham Law School, the Returnee Integration Support Center (RISC) and Deported Diaspora announce the release of a new report, Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community.  The report highlights the human rights impact of our current immigration policies through the lens of Read More

The Immigration-Crime Nexus and Post-Deportation Experiences: En/Countering Stereotypes in Southern California and El Salvador

The Immigration-Crime Nexus and Post-Deportation Experiences: En/Countering Stereotypes in Southern California and El Salvador (2010, M. Kathleen Dingeman & Ruben G. Rumbaut) Historically, periods of accelerating immigration have been accompanied by nativist alarms, perceptions of threat, and pervasive stereotypes of the newcomers, particularly during economic downturns or national crises, and when immigrants have arrived en masse and differed from the native born in language, race, religion, and national origin. Stereotypes about immigrants and crime not only take root in public Read More

Forced Apart (By the Numbers): Non-Citizens Deported Mostly for Nonviolent Offenses

Forced Apart (By the Numbers):  Non-Citizens Deported Mostly for Nonviolent Offenses (Human Rights Watch 2009) Human Rights Watch. 2009. “Forced Apart (By the Numbers): Non-Citizens Deported Mostly for Nonviolent Offenses.” https://www.hrw.org/report/2009/04/15/forced-apart-numbers/non-citizens-deported-mostly-nonviolent-offenses. This report, based on data from Human Rights Watch obtained in August 2008 from US Immigration and Customs Enforcement (ICE), reveals which kinds of non-citizens have been deported from the United States between 1997 and 2007 under which laws and for what types of crimes.  The goal of the report 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

Removal of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality

Removal of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality (Freddy Funes, 63 U. Miami L. Rev. 301 (2008)) Central American gangs have created numerous difficulties for Central American nations. Some of the violence and tactics learned by these gangs came from the United States, via its new immigration policies. This article explains the faults of the current removal policy and offers solutions to mitigate the growing violence in Central America. Part II discusses the United States’ Read More

Rethinking Drug Inadmissibility

Rethinking Drug Inadmissibility (Nancy Morawetz,  50 Wm. & Mary L. Rev. 163 (2008)). Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero-tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It proceeds to investigate the broad reach of these rules if they are fully enforced, Read More