U.S. Government Unlawfully Detaining and Deporting U.S. Citizens as Aliens

115 Pages Posted: 22 Sep 2011

Date Written: July 2011


This Article presents original research on the rate at which Immigration and Customs Enforcement (ICE) is detaining and deporting U.S. citizens, even though ICE has no jurisdiction over U.S. citizens. The article provides legal, historical, constitutional, and public policy analyses of these actions, and presents several case studies. The penultimate section evaluates, through a historical analysis of family law, the jurisprudence of recent Ninth Circuit decisions on acquired U.S. citizenship claims. The conclusion offers recommendations for changes in policy and procedures to end the unlawful practice of deporting and detaining U.S. citizens.

Keywords: deportation, Executive Office of Immigration Review, citizenship, due process, administrative law, deporting U.S. citizens, immigration and customs enforcement

JEL Classification: D63

Suggested Citation

Stevens, Jacqueline, U.S. Government Unlawfully Detaining and Deporting U.S. Citizens as Aliens (July 2011). Virginia Journal of Social Policy and the Law, Vol. 18, No. 3, p. 606, 2011, Available at SSRN: https://ssrn.com/abstract=1931703

Jacqueline Stevens (Contact Author)

Northwestern University ( email )

2001 Sheridan Road
Evanston, IL 60208
United States
847-467-2093 (Phone)

HOME PAGE: http://www.jacquelinestevens.org

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