Immigration Imprisonment’s Failures
36 Immigration and Nationality Law Review 47 (2016)
44 Pages Posted: 21 Jan 2017 Last revised: 10 Mar 2017
Date Written: January 19, 2017
Immigration imprisonment, the practice of depriving people of their liberty in secure settings due to a violation of immigration law, has rapidly increased in recent decades. Courts, politicians, and commentators assume its necessity without questioning its legitimacy. This article addresses the formal justifications offered in defense of civil immigration detention and incarceration associated with criminal immigration activity, and concludes that immigration imprisonment as currently articulated in legal doctrine lacks a defensible justification.
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