Proportionality Lost? The Rise of Enforcement-Based Equity in the Deportation System and Its Limitations

12 Pages Posted: 19 Apr 2017 Last revised: 12 Jan 2018

See all articles by Jason A. Cade

Jason A. Cade

University of Georgia School of Law

Date Written: April 1, 2017

Abstract

This article briefly explains and critiques the legal framework that has made enforcement discretion the primary means of injecting proportionality and fairness into the modern deportation system. The article provides an overview of shifting approaches to this enforcement discretion under the Obama and Trump administrations, and describes some of the key Supreme Court jurisprudence interpreting this framework.

Keywords: Mellouli, Moncrieffe, Carachuri-Rosendo, Deportation, DHS, ICE, Prosecutorial Discretion, Padilla

Suggested Citation

Cade, Jason A., Proportionality Lost? The Rise of Enforcement-Based Equity in the Deportation System and Its Limitations (April 1, 2017). 22 Georgia Bar Journal 16 (2017); University of Georgia School of Law Legal Studies Research Paper No. 2017-16; Dean Rusk International Center Research Paper No. 2017-06; Criminal Justice, Borders and Citizenship Research Paper No. 2954013. Available at SSRN: https://ssrn.com/abstract=2954013

Jason A. Cade (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States
(706) 542-5188 (Phone)

HOME PAGE: http://www.law.uga.edu/profile/jason-cade

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