Immigration Imprisonment’s Failures

36 Immigration and Nationality Law Review 47 (2016)

U Denver Legal Studies Research Paper No. 17-02

44 Pages Posted: 21 Jan 2017 Last revised: 10 Mar 2017

César Cuauhtémoc García Hernández

University of Denver Sturm College of Law

Date Written: January 19, 2017

Abstract

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.

Suggested Citation

García Hernández, César Cuauhtémoc, Immigration Imprisonment’s Failures (January 19, 2017). 36 Immigration and Nationality Law Review 47 (2016); U Denver Legal Studies Research Paper No. 17-02. Available at SSRN: https://ssrn.com/abstract=2902094

César Cuauhtémoc García Hernández (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States
303-871-6442 (Phone)

HOME PAGE: http://www.crImmigration.com

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