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The Case Against Prosecuting Refugees, Evan J. Criddle
The Case Against Prosecuting Refugees, Evan J. Criddle
Northwestern University Law Review
Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.
This Article shows that Congress has not authorized …
Mezei's Day In Court: Debtors' Prisons, Substance Abuse, And The Permissiveness Of Civil Detention In American Immigration Law, Conor Mcdonough
Mezei's Day In Court: Debtors' Prisons, Substance Abuse, And The Permissiveness Of Civil Detention In American Immigration Law, Conor Mcdonough
Northwestern University Law Review
American immigration law mandates the civil detention of certain classes of migrants while their legal cases proceed through the courts. Due to the peculiar nature of immigration law, many migrants find themselves detained for years on end without receiving the level of due process that normally attends imprisonment. This Note draws on historical and comparative analysis to argue that the mandatory detention provisions of American immigration law are not civil, but functionally criminal, and that detained migrants are therefore owed a modicum of due process that they do not currently receive.
This Note traces the history of immigration law in …