Law Commons^™

Re-Examining The Zero-Tolerance Approach To Deporting Aggravated Felons: Restoring Discretionary Waivers And Developing New Tools, Bill Hing

Bill Ong Hing

In this essay, I argue that immigration judges should regain discretion over deportation cases involving lawful permanent resident immigrants who have committed aggravated felonies — discretion that was eliminated in 1996. Congress’s failure to address the issue of reinstating immigration court discretion is a missed opportunity to act consistently with changing political attitudes toward law enforcement and notions of proportionality. Addressing these issues would invite a conversation about the effect of criminal deportations on the prospective deportee, who may in fact be well on the road to rehabilitation. The effect on the community also would become relevant, as we focus …

Redressing The Shame Of U.S. Immigration Laws And Enforcement Policies, Bill Hing

Bill Ong Hing

n this chapter, I provide a focused view of certain examples of U.S. immigration laws and enforcement policies that have gone too far. I provide a fuller picture of employer sanctions enforcement and Operation Gatekeeper, along with harsh deportation policies that are enforced in the name of protecting our borders and ourselves from a so-called invasion of immigrants. I explain how the lack of sufficient visas and U.S. trade policies have exacerbated the alleged “illegal immigration” problem. And I discuss how a system based on ethical values is needed to remedy the evils of current U.S. immigration policies.

The experiment …