Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Immigration Law

Daniel Kanstroom

Selected Works

2015

Articles 1 - 8 of 8

Full-Text Articles in Law

The New Deportations Delirium (Editor), Daniel Kanstroom, M. Lykes Dec 2015

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

Daniel Kanstroom

Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with “green cards,” have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel—a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are “sentenced home” to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty …

Go to article

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 …

Go to article

Deportation And Rights, Daniel Kanstroom Sep 2015

Deportation And Rights, Daniel Kanstroom

Daniel Kanstroom

Panelist at the conference "Transforming Migrations: Beyond the 1965 Act."

Go to article

Immigration Teaching Careers, Daniel Kanstroom Jun 2015

Immigration Teaching Careers, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Go to article

The Legal View Of Deportation, Daniel Kanstroom Mar 2015

The Legal View Of Deportation, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Go to article

Human Rights For All Is Better Than Citizenship Rights For Some, Daniel Kanstroom Dec 2014

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

Daniel Kanstroom

No abstract provided.

Go to article

Executive Justice?, Daniel Kanstroom, Mae Ngai Dec 2014

Executive Justice?, Daniel Kanstroom, Mae Ngai

Daniel Kanstroom

The executive order on immigration that President Obama announced last November filled part of a void created by a Congress that has failed to pass much-needed comprehensive reform legislation. A rambling 123-page opinion (in a case appropriately named Texas v. U.S.A., written by a George W. Bush-appointed Texas federal judge), issued on February 16, ordered a temporary halt to the program on highly technical administrative law grounds. However, the president’s immediate response is absolutely right: both law and history are on the administration’s side.

Go to article

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 …

Go to article