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Full-Text Articles in Law
287(G) Agreements In The Trump Era, Huyen Pham
287(G) Agreements In The Trump Era, Huyen Pham
Washington and Lee Law Review
No abstract provided.
The New Path Of Immigration Law: Asymmetric Incorporation Of Criminal Justice Norms, Stephen H. Legomsky
The New Path Of Immigration Law: Asymmetric Incorporation Of Criminal Justice Norms, Stephen H. Legomsky
Washington and Lee Law Review
Starting approximately twenty years ago, and accelerating today, a clear trend has come to define modern immigration law. Sometimes dubbed "criminalization," the trend has been to import criminal justice norms into a domain built upon a theory of civil regulation. An embryonic literature chronicles this process well but fails to showcase its consciously asymmetric form. This Article argues that immigration law has been absorbing the theories, methods, perceptions, and priorities associated with criminal enforcement while explicitly rejecting the procedural ingredients of criminal adjudication. The normative thesis is that this asymmetry has skewed both discourse and outcomes by excluding the careful …