Criminalizing the Undocumented: Ironic Boundaries of the Post-September 11th 'Pale of Law'

Abstract:     
The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called "war on terrorism." The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features of both legal dichotomies.

Keywords: immigration law, September 11, 2001, USA Patriot Act, CLEAR Act, HSEA Act, war on terrorism, non-citizen, undocumented citizen, criminal law, criminal justice system, immigration system, deportation, civil rights, human rights

Accepted Paper Series