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Daniel Kanstroom

Selected Works

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Articles 1 - 30 of 86

Full-Text Articles in Law

The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom Oct 2017

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.

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Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom Mar 2017

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 …

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Deportation As A Global Phenomenon: Reflections On The Draft Articles On The Expulsion Of Aliens, Daniel Kanstroom Mar 2017

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

Daniel Kanstroom

No abstract provided.

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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 …

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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 …

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Deportation And Rights, Daniel Kanstroom Sep 2015

Deportation And Rights, Daniel Kanstroom

Daniel Kanstroom

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

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Immigration Teaching Careers, Daniel Kanstroom Jun 2015

Immigration Teaching Careers, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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The Legal View Of Deportation, Daniel Kanstroom Mar 2015

The Legal View Of Deportation, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Response To Jacqueline Bhabha, Child Migration And Human Rights In A Global Age, Daniel Kanstroom Mar 2015

Response To Jacqueline Bhabha, Child Migration And Human Rights In A Global Age, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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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.

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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.

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Waterboarding, Daniel Kanstroom Dec 2014

Waterboarding, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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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 …

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Keynote Address, Aftermath: Deportation And Human Rights, Daniel Kanstroom Nov 2014

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.

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The Forgotten Deportees, Daniel Kanstroom Nov 2014

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.

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

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.

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Panelist, Federal Interior Enforcement, With And Without Legalization, Daniel Kanstroom Oct 2014

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

Daniel Kanstroom

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

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Book Review: National Insecurities: Immigrants And U.S. Deportation Policy Since 1882 By Deirdre M. Moloney, Daniel Kanstroom May 2014

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

Daniel Kanstroom

No abstract provided.

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Conference On Draft Convention On Rights Of Forcibly Expelled Persons, Daniel Kanstroom Apr 2014

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.

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Cle - Post-Deportation: Immigrant And Nonimmigrant Visas, Motions To Reopen, And Returning Your Client To The U.S., Daniel Kanstroom Mar 2014

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.

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Doesn't Love A Wall: U.S. Deportation And Detention, Daniel Kanstroom Dec 2013

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

Daniel Kanstroom

No abstract provided.

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Predicting The Complex Future Of Retroactivity In Massachusetts: Commonwealth V. Sylvain, Daniel Kanstroom Dec 2013

Predicting The Complex Future Of Retroactivity In Massachusetts: Commonwealth V. Sylvain, Daniel Kanstroom

Daniel Kanstroom

From the introduction: In Commonwealth v. Sylvain,466 Mass. 422 (2013), the SJC held that the requirements placed on criminal defense lawyers to properly advise defendants about certain immigration consequences enunciated in Padilla v. Kentucky, 559 U.S. 356 (2010) are retroactive to 1997. The SJC, relying both on the Sixth Amendment and on art. 12 of the Massachusetts Declaration of Rights, diverged from the U.S. Supreme Court on the retroactivity question. This very important—but rather esoteric—immigration law case may have profound implications regarding the retroactivity of recent holdings in such areas as public trial rights during jury selection and juvenile sentencing.

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A Nation Of Immigrants, Daniel Kanstroom Oct 2013

A Nation Of Immigrants, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar Oct 2013

Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar

Daniel Kanstroom

The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human 'illegality' has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines - anthropology, law, political science, religious studies, and sociology - examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, …

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Who Has Which Rights Where?, Daniel Kanstroom Oct 2013

Who Has Which Rights Where?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Respondent, Drawing The Line: Race, Citizenship, And The Construction Of Illegality In Federal, State, And Local Immigration Enforcement, Daniel Kanstroom Jun 2013

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.

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Panelist, Performing Border Crossings: Deportees, Community Education, And The Feria Patronal Espíritu Santo, Daniel Kanstroom Apr 2013

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

Daniel Kanstroom

No abstract provided.

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"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom Mar 2013

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

Daniel Kanstroom

No abstract provided.

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Author Meets Critics Session On Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom Nov 2012

Author Meets Critics Session On Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Panelist, The Current Immigration Debate, Daniel Kanstroom Oct 2012

Panelist, The Current Immigration Debate, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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