How Crime-Based Deportations Undermine State Sovereignty and Community Rehabilitation

Minnesota Legal Studies Research Paper No. 22-11

AILA Law Journal / October 2019, Vol. 1, No. 2, pp. 263–278, 2019

Posted: 6 Sep 2022 Last revised: 27 Sep 2022

See all articles by Linus Chan

Linus Chan

University of Minnesota School of Law - Center for New Americans

Caleb Harrison

University of Minnesota - Minneapolis - School of Law

Date Written: September 1, 2022

Abstract

This article argues that federal immigration law undermines state criminal justice systems by eroding or eliminating key rehabilitative features of state criminal justice systems. Many states, and Minnesota in particular, delay or dismiss lengthy prison sentences and felony convictions in order to incentivize offenders to rehabilitate. Despite clear state intention to provide alternative dispositions to conviction, federal immigration law considers these dispositions as 'convictions' for immigration purposes. Consequently, state offenders face immigration consequences that they otherwise would not, and state rehabilitative tools become weaker for all residents, citizen and noncitizen alike.

Keywords: Immigration, criminal law rehabilitation conviction State Sovereignty federalism

JEL Classification: K14, K37, K40

Suggested Citation

Chan, Linus and Harrison, Caleb, How Crime-Based Deportations Undermine State Sovereignty and Community Rehabilitation (September 1, 2022). Minnesota Legal Studies Research Paper No. 22-11, AILA Law Journal / October 2019, Vol. 1, No. 2, pp. 263–278, 2019, Available at SSRN: https://ssrn.com/abstract=4206987

Linus Chan (Contact Author)

University of Minnesota School of Law - Center for New Americans ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Caleb Harrison

University of Minnesota - Minneapolis - School of Law ( email )

229 19th Ave S
Minneapolis, MN 55455
United States

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