31 Pages Posted: 22 Nov 2010
Date Written: November 22, 2010
An international border crosser should only be deemed a criminal if the United States government can prove that, with requisite criminal intent, she engaged in an act aside from crossing the border that would constitute a crime. No longer should crossing the border be a strict liability criminal offense. Doing so will restore balance to the civil immigration system, conserve scarce enforcement resources to target truly criminal behavior, enhance our standing abroad, and help heal our racially-polarized discourse on immigration policy.
Suggested Citation: Suggested Citation
Romero, Victor C., Decriminalizing Border Crossings (November 22, 2010). Fordham Urban Law Journal, Forthcoming; The Pennsylvania State University Legal Studies Research Paper No. 42-2010. Available at SSRN: https://ssrn.com/abstract=1713244