Abstract

http://ssrn.com/abstract=1432075
 


 



Comment, Living in Limbo: Mandatory Detention of Immigrants Under the Illegal Immigration Reform and Responsibility Act of 1996


Amy Kathleen Langenfeld


Arizona State University (ASU) - Sandra Day O'Connor College of Law

1999

Arizona State Law Journal, Vol. 31, p. 1041, 1999

Abstract:     
This Comment discusses the troubling implications of the 1996 reforms with respect to international human rights law and the Due Process Clause and separation of powers safeguards of the United States Constitution. Part II describes the challenges faced by immigrants detained in the United States. Part III discusses the Reform Act's performance under international human rights standards as well as domestic standards such as due process and separation of powers. Part IV presents recommendations for any or all of the three branches of federal government to reconcile immigration policies with these standards. For example, one option for ensuring that the Reform Act's expedited removal and mandatory detention provisions conform with due process and separation of powers is restoring immigrants' access to judicial review. However, other practical options have been proposed. Some of the available solutions would accommodate immigrants' need for protection and governmental needs for effective immigration laws, and would not require legislative overhaul of the Reform Act.

Number of Pages in PDF File: 29

Accepted Paper Series





Download This Paper

Date posted: July 12, 2009  

Suggested Citation

Langenfeld, Amy Kathleen, Comment, Living in Limbo: Mandatory Detention of Immigrants Under the Illegal Immigration Reform and Responsibility Act of 1996 (1999). Arizona State Law Journal, Vol. 31, p. 1041, 1999. Available at SSRN: http://ssrn.com/abstract=1432075

Contact Information

Amy Kathleen Langenfeld (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Feedback to SSRN


Paper statistics
Abstract Views: 459
Downloads: 51
Download Rank: 234,455

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.531 seconds