How Crime-Based Deportations Undermine State Sovereignty and Community Rehabilitation

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