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Daniel Kanstroom

2015

Articles 1 - 2 of 2

Full-Text Articles in Immigration Law

Smart(Er) Enforcement: Rethinking Removal, Daniel Kanstroom Oct 2015

Smart(Er) Enforcement: Rethinking Removal, Daniel Kanstroom

Daniel Kanstroom

Substantial interior immigration enforcement will undoubtedly continue in the United States, whether or not the legislative and executive branches can craft a legalization program. Though some enforcement is undoubtedly necessary, the system’s continuity will also be due in part to inertia. The size of the current enforcement system is stunning, affecting many millions of noncitizens and removing many hundreds of thousands annually. Equally impressive are its costs and its complexity. One recent study aptly described the system as “formidable machinery,” involving a “complex, cross-agency system that is interconnected in an unprecedented fashion.” Spending on immigration enforcement was about $18 billion …

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The Forgotten Deported: A Declaration On The Rights Of Expelled And Deported Persons, Daniel Kanstroom, Jessica Chicco Dec 2014

The Forgotten Deported: A Declaration On The Rights Of Expelled And Deported Persons, Daniel Kanstroom, Jessica Chicco

Daniel Kanstroom

This article considers a “Declaration on the Rights of Expelled and Deported Persons.”  Drafted by the authors with significant input from a wide array of scholars, activists, judges, and others, this Declaration, re-printed in Appendix A, responds to what has become in recent years a major worldwide phenomenon: The deportation (also known as removal or expulsion) of large numbers of noncitizens.  Our aim, first, is to describe that phenomenon and to illustrate some of its most troubling features.  We then survey existing legal structures and mechanisms that seek to protect some of the rights of the deported, both during and …

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