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Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Daniel Kanstroom
The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …
Reaping The Harvest: The Long, Complicated, Crucial Rhetorical Struggle Over Deportation, Daniel Kanstroom
Reaping The Harvest: The Long, Complicated, Crucial Rhetorical Struggle Over Deportation, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom
Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom
Daniel Kanstroom
Recent statutory changes to the United States immigration law have resulted in a large increase in the number of lawful permanent resident noncitizens who are deported because of prior criminal conduct. Now, deportation is often a virtually automatic consequence of conviction for an increasingly minor array of crimes including possessory drug offenses and shoplifting. Under current statutory law, permanent resident noncitizens may be deported for crimes that were not grounds for deportation when they were committed and there may be no possibiilty of mercy or humanitarian relief. This Dialogue explores arguments for and against this system. Specifically, it examines the …
Why Padilla Doesn't Matter (Much), Darryl K. Brown
Why Padilla Doesn't Matter (Much), Darryl K. Brown
Darryl K. Brown
The U.S. Supreme Court’s decision in Padilla v. Kentucky heralds a formal breakthrough in the representation provided to immigrants charged with crimes that trigger deportation, and the decision may signal as well the Court’s recognition of plea bargaining’s dominant role in criminal adjudication. There are good reasons to worry, however, that Padilla’s practical impact will be modest, and for many noncitizen criminal defendants, including probably Jose Padilla himself, nonexistent. The Padilla Court suggested that it expected attorneys to use their newly required awareness of law triggering deportation upon a criminal conviction to inform plea bargain negotiation and even change criminal …