Accomplishments and Problems: Does Deportation Work Within the Rule of Law?

Daniel Kanstroom

in Aftermath

Published in print July 2012 | ISBN: 9780199742721
Published online September 2012 | e-ISBN: 9780199950348 | DOI:
Accomplishments and Problems: Does Deportation Work Within the Rule of Law?

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The chapter assesses the accomplishments and problems of the deportation system. It attempts to make out the best possible case in support of the system’s achievements and then to fairly evaluate its major problems. There can be little doubt that extended border control deportation—by removing many hundreds of thousands of people per year has surely accomplished something. Still, it turns out to be quite difficult, perhaps impossible, to measure the system’s accomplishments. Similarly, post entry social control aims at criminal deportations. The obvious metric for success in such an endeavor would seem to be lower crime rates, generally, or perhaps crime rates involving non-citizen perpetrators. But recent studies and data are unsupportive. The chapter then considers an array of problems within the deportation such as detention, agency problems, overzealous prosecutors, mistakes, deportation of disabled people, and post-departure bars.

Keywords: border control; criminal deportation; detention; prosecutors; disabled people; post-departure; motions

Chapter.  26922 words. 

Subjects: Human Rights and Immigration

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