Deportation Cases and Legislation

ENCYCLOPEDIA OF LATINOS & LATINAS IN CONTEMPORARY POLITICS, LAW, & SOCIAL MOVEMENTS, 2012

8 Pages Posted: 18 Feb 2012

See all articles by Lauren Gilbert

Lauren Gilbert

St. Thomas University School of Law

Date Written: February 17, 2012

Abstract

This primer on deportation law, cases, and legislation, provides a brief overview of deportation law since the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. It reviews how IIRIRA reconfigured immigration law, altering the basic framework under which persons were excluded and deported to focus on inspection and admission rather than entry. It also examines the expansion of the grounds of deportability for persons with criminal convictions. It then summarizes some of the most important deportation cases of the 21st century, including INS v. St. Cyr, Zadvydas v. Davis, and Padilla v. Kentucky. It examines recent developments regarding the Supreme Court's consideration of persons charged as deportable for having committed "aggravated felonies." It concludes with a discussion of comprehensive immigration reform, concluding that there has not been the political will to bring about comprehensive reform, and that lukewarm and last-minute efforts at such reform underscore a recurring paradox in American politics: the Democratic leadership's recognition of the importance of the Latino/a vote coupled with a reluctance to prioritize issues of importance to Latino/as in a timely and meaningful fashion.

Keywords: immigration, deportation, legislation, removal

Suggested Citation

Gilbert, Lauren, Deportation Cases and Legislation (February 17, 2012). ENCYCLOPEDIA OF LATINOS & LATINAS IN CONTEMPORARY POLITICS, LAW, & SOCIAL MOVEMENTS, 2012 . Available at SSRN: https://ssrn.com/abstract=2007306

Lauren Gilbert (Contact Author)

St. Thomas University School of Law ( email )

16401 NW 37th Ave.
Miami Gardens, FL 33054
United States
305-623-2386 (Phone)

HOME PAGE: http://www.stu.edu/law/faculty-staff/faculty/lauren-gilbert.html

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