Law Commons^™

The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom

Daniel Kanstroom

The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy …

Deportation As A Global Phenomenon: Reflections On The Draft Articles On The Expulsion Of Aliens, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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

Daniel Kanstroom

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 …

Deportation And Rights, Daniel Kanstroom

Daniel Kanstroom

Immigration Teaching Careers, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Legal View Of Deportation, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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

Daniel Kanstroom

No abstract provided.

Executive Justice?, Daniel Kanstroom, Mae Ngai

Daniel Kanstroom

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

Daniel Kanstroom

Keynote Address, Aftermath: Deportation And Human Rights, Daniel Kanstroom

Daniel Kanstroom

A keynote lecture about how deportation has worked and how deportees are scattered around the world.

The Forgotten Deportees, Daniel Kanstroom

Daniel Kanstroom

Deportees have basic rights, especially pursuant to European Human Rights Law. We need a better global framework such as a Declaration on the Rights of the Deported, drafted by myself and others.

The (D)Evolution Of Deportation: 1798-2014, Daniel Kanstroom

Daniel Kanstroom

An overview of where deportation is, where it has come from, and where it is going.

Panelist, Federal Interior Enforcement, With And Without Legalization, Daniel Kanstroom

Daniel Kanstroom

Discussion about priorities for future enforcement that balance efficiency and basic rights.

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

Daniel Kanstroom

No abstract provided.

Conference On Draft Convention On Rights Of Forcibly Expelled Persons, Daniel Kanstroom

Daniel Kanstroom

On May 1-3, Center Interim Director, and Post-Deportation Human Rights Project Director, Dan Kanstroom convened a group of scholars and activists at Boston College’s Connors Center in Dover, MA, for a major conference to discuss the newly created Draft Convention on Rights of Forcibly Expelled Persons.

Cle - Post-Deportation: Immigrant And Nonimmigrant Visas, Motions To Reopen, And Returning Your Client To The U.S., Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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

Daniel Kanstroom

No abstract provided.

A Nation Of Immigrants, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Who Has Which Rights Where?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Respondent, Drawing The Line: Race, Citizenship, And The Construction Of Illegality In Federal, State, And Local Immigration Enforcement, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Panelist, Performing Border Crossings: Deportees, Community Education, And The Feria Patronal Espíritu Santo, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom

Daniel Kanstroom

This article considers the problems raised by a federal law--the “REAL ID Act”--that seeks to preclude judicial review of discretionary immigration law decisions. Discretion, the flexible shock absorber of the administrative state, must be respected by our legal system. However, as Justice Felix Frankfurter once wrote, discretion is, “only to be respected when it is conscious of the traditions which surround it and of the limits which an informed conscience sets to its exercise.” The article suggests that judicial construction of the REAL ID Act will plumb the deep meaning of this qualification. The new law states, essentially, that constitutional …

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11th, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …

The Shining City And The Fortress: Reflections On The “Euro-Solution” To The German Immigration Dilemma, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …

Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom

Daniel Kanstroom

The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …

"Passed Beyond Our Aid:" U.S. Deportation, Integrity, And The Rule Of Law, Daniel Kanstroom

Daniel Kanstroom

The United States is still in the midst of a massive deportation experiment that is exceptionally sweeping and harsh by virtually any historical or comparative measure. In the last twenty-five years, the number of non-citizen deportations has exceeded 25 million. It is therefore important to think critically about how deportation is really working, especially as to many hundreds of thousands of green-card holders. These individuals have grown up, been fully acculturated, attended school, and raised families in the United States. Upon deportation, they are separated from their families and sent to places where they frequently have few acquaintances, do not …