Special Issue "Immigration Law and Criminal Justice"
A special issue of Laws (ISSN 2075-471X).
Deadline for manuscript submissions: closed (15 October 2015).
Interests: immigration law; criminal law; access to counsel; immigration detention
Over the past decade, the traditional boundary between immigration law and criminal justice has begun to fade. This practice merger reflects the on-the-ground reality that the criminal justice system and immigration enforcement are now deeply intertwined.
Existing scholarship on the intersection of immigration law and criminal justice has focused primarily on how immigrants have been constructed as criminals within the increasingly criminalized immigration system. Far less work has been done to explore the complementary question of how this transformation in immigration governance influences the criminal justice system itself. For example, in the United States, noncitizens with criminal convictions are now being given the highest priority for deportation, and a record number of convicted criminals have been deported. The flexibility that civil immigration enforcement tools provide—such as policing without constitutional limits on racial profiling, arrests without warrants, detention without criminal charges, and deportation without jury trial—allows criminal prosecutors to borrow from the immigration enforcement regime in ways that can distort the normal procedural protections of the criminal system. Criminal prosecutors now bargain over the deportation outcomes of criminal convictions, police officers enforce immigration to varying degrees while patrolling neighborhoods, defense attorneys advise their criminal clients on immigration consequences, and criminal court judges effectively serve as immigration adjudicators. In the United States federal system, immigrants are criminally prosecuted for their migration transgressions. In state courts, crimes like driving without a license can serve as the functional equivalent of immigration crimes. In these ways, the criminal justice system itself has become transformed by immigration enforcement in ways that scholars are just beginning to understand.
This Special Issue is dedicated to encouraging more scholarly inquiry into how the criminal justice system is being shaped by the increasing enforcement of immigration laws. Do noncitizens experience the same type of criminal justice as citizens? What are the racial and class impacts of immigration’s influence on criminal adjudication? How should police, prosecutors, and public defenders respond to this new paradigm? What are the implications of the criminal-immigration merger for the application of procedural protections and judicial decisionmaking in the criminal adjudicatory process?
Prof. Ingrid V. Eagly
Manuscript Submission Information
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- Immigration enforcement
- Criminal adjudication
- Citizenship and migration