Unequal Justice Under Law: Effects of Immigration Detention on Removal Case Outcomes PDF Download
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Author: Alyssa M Snider
Publisher:
ISBN:
Category : Public policy
Languages : en
Pages : 176
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Book Description
This paper examines whether and how being detained may affect the outcome of an immigrant’s removal case. Prior research has shown that the government often fails to provide a meaningful and individualized reason that an immigrant should be detained. Given the arbitrariness of who is and is not detained during their immigration proceedings, one would expect that being detained should have no effect on the outcome of the court case. To examine the effects of detention on removal case outcomes, I use a public dataset containing case-level information about individuals in removal proceedings. I use these data to estimate several models using ordinary least squares regression to attempt to isolate the effects of detention and detention-related factors on case outcomes. The results of these regressions demonstrate that being detained during any part of the removal proceeding, and particularly at the time their case is decided, makes the individual more likely to be removed. In all models, individuals detained at the time their case is decided are at least 20 percentage points more likely to be removed than someone who was never detained. These results suggest that the existing immigration detention and court systems do not provide equal access to justice and due process to both detained and non-detained immigrants.
Author: Alyssa M Snider
Publisher:
ISBN:
Category : Public policy
Languages : en
Pages : 176
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Book Description
This paper examines whether and how being detained may affect the outcome of an immigrant’s removal case. Prior research has shown that the government often fails to provide a meaningful and individualized reason that an immigrant should be detained. Given the arbitrariness of who is and is not detained during their immigration proceedings, one would expect that being detained should have no effect on the outcome of the court case. To examine the effects of detention on removal case outcomes, I use a public dataset containing case-level information about individuals in removal proceedings. I use these data to estimate several models using ordinary least squares regression to attempt to isolate the effects of detention and detention-related factors on case outcomes. The results of these regressions demonstrate that being detained during any part of the removal proceeding, and particularly at the time their case is decided, makes the individual more likely to be removed. In all models, individuals detained at the time their case is decided are at least 20 percentage points more likely to be removed than someone who was never detained. These results suggest that the existing immigration detention and court systems do not provide equal access to justice and due process to both detained and non-detained immigrants.
Author:
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 8
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Book Description
Author: Sarah Mehta
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 120
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Book Description
"Researched and written by Sarah Mehta"--Acknowledgements.
Author: Idil Atak
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773555641
Category : Political Science
Languages : en
Pages : 441
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Book Description
With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" – the criminalization of migration – from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity.
Author:
Publisher:
ISBN:
Category : Alien criminals
Languages : en
Pages : 2
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Book Description
Author: César Cuauhtémoc García Hernández
Publisher:
ISBN: 9781641059459
Category : Family & Relationships
Languages : en
Pages : 304
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Book Description
Crimmigration Law is a must-read for law students and practitioners seeking an introduction to the complex legal doctrine and practice challenges at the merger of immigration and criminal law.
Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
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Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: Jaya Ramji-Nogales
Publisher: NYU Press
ISBN: 0814741061
Category : Law
Languages : en
Pages : 356
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Book Description
The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.
Author: Charis E. Kubrin
Publisher: NYU Press
ISBN: 0814749496
Category : Social Science
Languages : en
Pages : 273
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Book Description
Arizona’s controversial new immigration bill is just the latest of many steps in the new criminalization of immigrants. While many cite the presumed criminality of illegal aliens as an excuse for ever-harsher immigration policies, it has in fact been well-established that immigrants commit less crime, and in particular less violent crime, than the native-born and that their presence in communities is not associated with higher crime rates. Punishing Immigrants moves beyond debunking the presumed crime and immigration linkage, broadening the focus to encompass issues relevant to law and society, immigration and refugee policy, and victimization, as well as crime. The original essays in this volume uncover and identify the unanticipated and hidden consequences of immigration policies and practices here and abroad at a time when immigration to the U.S. is near an all-time high. Ultimately, Punishing Immigrants illuminates the nuanced and layered realities of immigrants’ lives, describing the varying complexities surrounding immigration, crime, law, and victimization. Podcast: Susan Bibler Coutin, on the process and effects of deportation —Listen here.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
