Immigration Policy and Rhetoric of Reform: 'Deport Felons Not Families', Moncrieffe v. Holder, Children at the Border, and Idle Promises

24 Pages Posted: 29 Jun 2016

See all articles by Terri Day

Terri Day

Barry University - Dwayne O. Andreas School of Law

Leticia M. Diaz

Barry University - Dwayne O. Andreas School of Law

Date Written: 2014

Abstract

This paper explores the symbiotic relationship between the criminal justice system and immigration law. The recent Supreme Court decision of Moncrieffe v. Holder illustrates the possible consequences of a state conviction for possession of a small amount of marijuana with intent to distribute on the removal of a non-citizen, who had legally resided in the United States for over twenty years. While the possibility of minor crimes can result in non-reviewable deportation orders, children at the borders have also faced an uncertain future. Part II will discuss the reasons behind the influx of unaccompanied alien children (UAC) and the legal issues involved in their presence and pending deportation proceedings. Part III will discuss the facts, issues, and lower court decisions in the Moncrieffe case. Part IV will review the various approaches courts have applied in determining whether a state law criminal conviction results in removal without relief and how the Moncrieffe decision affects previous precedent. Part V will discuss issues and developments in deportation policies under the Immigration and Nationality Act (INA) and the Obama Administration. Given President Obama's newly announced plan affecting deportation policy, this paper will conclude with a consideration of whether illegal immigrants' plight is improved at all with the latest Supreme Court decision and Executive Order.

Keywords: immigration, Moncrieffe, Holder, noncitizen, deportation, deport, unaccompanied alien children, UAC, removal, Immigration and Nationality Act, INA, illegal, immigrant, possession, marijuana

Suggested Citation

Day, Terri and Diaz, Leticia M., Immigration Policy and Rhetoric of Reform: 'Deport Felons Not Families', Moncrieffe v. Holder, Children at the Border, and Idle Promises (2014). Georgetown Immigration Law Review, Vol. 29, No. 2, 2015, Available at SSRN: https://ssrn.com/abstract=2801795

Terri Day (Contact Author)

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

Leticia M. Diaz

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

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