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Full-Text Articles in Law

The New Deportations Delirium (Editor), Daniel Kanstroom, M. Lykes Dec 2015

The New Deportations Delirium (Editor), Daniel Kanstroom, M. Lykes

Daniel Kanstroom

Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with “green cards,” have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel—a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are “sentenced home” to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty …


Response To Jacqueline Bhabha, Child Migration And Human Rights In A Global Age, Daniel Kanstroom Mar 2015

Response To Jacqueline Bhabha, Child Migration And Human Rights In A Global Age, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Human Rights For All Is Better Than Citizenship Rights For Some, Daniel Kanstroom Dec 2014

Human Rights For All Is Better Than Citizenship Rights For Some, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Executive Justice?, Daniel Kanstroom, Mae Ngai Dec 2014

Executive Justice?, Daniel Kanstroom, Mae Ngai

Daniel Kanstroom

The executive order on immigration that President Obama announced last November filled part of a void created by a Congress that has failed to pass much-needed comprehensive reform legislation. A rambling 123-page opinion (in a case appropriately named Texas v. U.S.A., written by a George W. Bush-appointed Texas federal judge), issued on February 16, ordered a temporary halt to the program on highly technical administrative law grounds. However, the president’s immediate response is absolutely right: both law and history are on the administration’s side.


Book Review: National Insecurities: Immigrants And U.S. Deportation Policy Since 1882 By Deirdre M. Moloney, Daniel Kanstroom May 2014

Book Review: National Insecurities: Immigrants And U.S. Deportation Policy Since 1882 By Deirdre M. Moloney, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Doesn't Love A Wall: U.S. Deportation And Detention, Daniel Kanstroom Dec 2013

Doesn't Love A Wall: U.S. Deportation And Detention, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Predicting The Complex Future Of Retroactivity In Massachusetts: Commonwealth V. Sylvain, Daniel Kanstroom Dec 2013

Predicting The Complex Future Of Retroactivity In Massachusetts: Commonwealth V. Sylvain, Daniel Kanstroom

Daniel Kanstroom

From the introduction: In Commonwealth v. Sylvain,466 Mass. 422 (2013), the SJC held that the requirements placed on criminal defense lawyers to properly advise defendants about certain immigration consequences enunciated in Padilla v. Kentucky, 559 U.S. 356 (2010) are retroactive to 1997. The SJC, relying both on the Sixth Amendment and on art. 12 of the Massachusetts Declaration of Rights, diverged from the U.S. Supreme Court on the retroactivity question. This very important—but rather esoteric—immigration law case may have profound implications regarding the retroactivity of recent holdings in such areas as public trial rights during jury selection and juvenile sentencing.


Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar Oct 2013

Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar

Daniel Kanstroom

The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human 'illegality' has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines - anthropology, law, political science, religious studies, and sociology - examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, …


Deportation Law And The New American Diaspora, Daniel Kanstroom, Mary Waters Sep 2012

Deportation Law And The New American Diaspora, Daniel Kanstroom, Mary Waters

Daniel Kanstroom

No abstract provided.


How Effective Is Deportation As An Immigration Policy?, Daniel Kanstroom Jul 2012

How Effective Is Deportation As An Immigration Policy?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom Dec 2011

Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom

Daniel Kanstroom

This chapter offers an overview of deep questions about immigration and deportation law and practice. It includes a discussion of recent deportation policies and Supreme Court precedents.


Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach Dec 2009

Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach

Daniel Kanstroom

No abstract provided.


Immigration, Daniel Kanstroom Dec 2008

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Deportation Nation: Outsiders In American History, Daniel Kanstroom Dec 2006

Deportation Nation: Outsiders In American History, Daniel Kanstroom

Daniel Kanstroom

The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees.

We are a nation of immigrants--but which ones do we want, and what do we do with those that we don’t? These questions have troubled American law and politics since colonial times.

Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and …


The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom Dec 2004

The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Immigration, Daniel Kanstroom Dec 2001

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Immigration Litigation In Federal Court, Daniel Kanstroom Dec 2001

Immigration Litigation In Federal Court, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Immigration Consequences Of Criminal Convictions, Daniel Kanstroom Dec 2000

Immigration Consequences Of Criminal Convictions, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Massachusetts Criminal Practice, 2nd, Daniel Kanstroom, Eric Blumenson, Stanley Fisher Dec 1997

Massachusetts Criminal Practice, 2nd, Daniel Kanstroom, Eric Blumenson, Stanley Fisher

Daniel Kanstroom

No abstract provided.


Dangerous Undertones Of The New Nativism: Peter Brimelow And The Decline Of The West, Daniel Kanstroom Dec 1996

Dangerous Undertones Of The New Nativism: Peter Brimelow And The Decline Of The West, Daniel Kanstroom

Daniel Kanstroom

Nativism - an intense opposition to immigrants and other non-native members of society - has been deeply imbedded in the American character from the earliest days of the nation. Dating from the Alien and Sedition controversy of 1798 to California's recent Proposition 187, nativism has long been a driving force in policy making, a particular irony in a country founded and populated by immigrants.

This anthology of original, specially commissioned essays is informed at its core by George Santayana's famous edict that "Those who cannot remember the past are condemned to repeat it." Examining the current surge in nativism in …


Federal Court Litigation And Review, Daniel Kanstroom Dec 1988

Federal Court Litigation And Review, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Lawsuits, Daniel Kanstroom, Helena Goldstein Dec 1986

Lawsuits, Daniel Kanstroom, Helena Goldstein

Daniel Kanstroom

No abstract provided.