Daniel Kanstroom

in Aftermath

Published in print July 2012 | ISBN: 9780199742721
Published online September 2012 | e-ISBN: 9780199950348 | DOI:

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This chapter considers the case of an elderly mother left alone and a son condemned to die in what, for him, is a foreign, unknown place. It then explains why the acceptance of some forms of deportation in principle does not require acceptance of the current system, which has vastly exceeded any historical precedent in terms of its size, its ferocity, its disproportionality, its disregard for basic rights, and its substantial negative effects. It introduces the idea of the ‘rule of law’ in a more expansive formulation, including the critical ideas of proportionality, finality, territoriality, and discretion. It also introduces the idea that the U.S. deportation system has created a new, but unplanned, diaspora. Finally, it shows how the U.S. system is huge and still growing and that even U.S. citizens are sometimes its victims, along with many families, children and countries to which US deportees are sent.

Keywords: rule of law; proportionality; diaspora; finality; territory; discretion; families; children; citizens

Chapter.  12349 words.  Illustrated.

Subjects: Human Rights and Immigration

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