Deportation, social control, and punishment: some thoughts about why hard laws make bad cases

Article Abstract:

The author discusses the interconnection between immigration law and administration and criminal law and administration in the context of constitutional precepts. The author argues that deportation for criminal acts is punishment and constitutional protections should attach to deportation proceedings.

Interpretation and construction, Constitutional law, Constitutional interpretation, Punishment, Criminal justice, Administration of, Administration of criminal justice

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Understanding the impact of the 1996 deportation laws and the limited scope of proposed reforms

Article Abstract:

The author argues that immigration judges should have the discretion to consider relevant evidence when making deportation decisions rather than following the rigid procedure pursuant to two harsh laws passed in 1996 which mandate deportation when convictions exist for various categories of crimes.

Models, Administrative procedure, Judicial discretion

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Jurisdiction and the rule of law after the 1996 Immigration Act

Article Abstract:

The author discusses habeas corpus issues surrounding harsh deportation and detention legislation enacted in 1996 which severely limits immigration judges' discretion. Inconsistent treatment in appellate courts is reviewed and discussed.

Remedies, Detention of persons, Detention, Habeas corpus

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