Migration Studies Commons^™

Defending The "Bad Immigrant": Aggravated Felonies, Deportation, And Legal Resistance At The Crimmigration Nexus, Sarah Rose Tosh

Dissertations, Theses, and Capstone Projects

This dissertation explores the development and effects of the “aggravated felony”—an expansive legal category that has spurred the detention and deportation of hundreds of thousands of immigrants, including many green-card-holding lawful permanent residents, over the past thirty years. Offenses in this category need not be “aggravated” nor “felonies,” but rather, include a broad range of criminal convictions, including misdemeanors, ranging from check fraud and simple drug possession to drug trafficking and murder. Non-citizens in removal proceedings based on aggravated felony convictions are mandatorily detained and almost certainly deported—usually without legal representation. Still, despite growing academic interest in deportation and the …