2. Immigration Law Criminal Law

3. Immigration Law Criminal Law Crimmigration Law

4.  Substance of immigration and criminal law overlaps › deportation imposed for criminal acts › violations of immigration law criminalized  Crimmigration enforcement increases: › immigration-related prosecutions rise › State & local enforcement efforts  Crimmigration enforcement strategies adopted: › immigration agents empowered to stop and search, arrest and detain › civil immigration info in criminal databases › detention without criminal charge

5.  No criminal procedural protections in deportation proceedings AND  Proportionality of the penalty is absent: deportation is the monolithic sanction for any immigration violation

6.  Substance of immigration and criminal law overlaps › Imposing immigration consequences for criminal acts › Criminalizing violations of immigration law

7.  Crimmigration enforcement increases: › immigration-related prosecution › criminal enforcement strategies by immigration agents  Crimmigration enforcement strategies › immigration agents empowered to stop and search, arrest and detain › immigration info in criminal databases › detention without criminal charge

8.  No criminal procedural protections in deportation proceedings AND  Proportionality of the penalty is absent: deportation is the monolithic sanction for any immigration violation

9. Nation-state insiders Alien outsiders Criminal aliens -- outsiders Alien Criminals -- outsiders

10.  Expansion of deportation: › Expand types of crimes that result in deportation › Abolish relief › Result: increase deportations of LPRs  Regulation of migration › Illegal entry and illegal re-entry › From purely civil immigration to criminal justice system › Diminished procedural protections

11.  Criminal prosecution of border-crossing: mostly “entry without inspection”  Procedural protections reduced › En masse proceeding › Magistrate judge › No grand jury › Waive rights › Plea bargains

12.  Type of noncitizen  General v. status crimes  Legal issues › Expansion – Criminal proceeding is foregone conclusion & issue is relief › Migration – Deportation is foregone conclusion and issue is criminal proceeding  Legal arguments & narratives