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Crimmigration Law / Cesar Cuauhtemoc Garcia Hernandez.

HeinOnline Immigration Law & Policy in the US Available online

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Format:
Book
Author/Creator:
García Hernández, César Cuauhtémoc, author.
Language:
English
Subjects (All):
Emigration and immigration law--United States--Criminal provisions.
Emigration and immigration law.
Physical Description:
1 online resource (246 pages)
Edition:
Second edition.
Place of Publication:
Chicago, Illinois : American Bar Association, [2021]
Summary:
At its most basic, "crimmigration" law describes the convergence of two distinct bodies of law: criminal law and procedure with immigration law and procedure. For most of the nation's history, these operated almost entirely free of the other. Criminal law and procedure was thought to be the province of prosecutors, criminal defense attorneys, and the state and federal judges who oversee criminal prosecutions every day. Immigration law, in contrast, was confined to immigration courts housed within the executive branch of the federal government and staffed by immigration attorneys, immigration judges, and prosecutors employed for many years by the Immigration and Naturalization Service (INS) and now the Department of Homeland Security (DHS). With this in mind, Crimmigration Law lays out crimmigration law's contours. It tracks the legal developments that have created crimmigration law and explains the many ways in which the stark line that once appeared to keep criminal law firmly divided from immigration law has melted away. In doing so, it highlights crimmigration law's most salient features--its ability to substantially raise the stakes of criminal prosecutions by dramatically expanding the list of crimes that can result in removal from the United States, its willingness to freely rely on crimes that apply only to migrants, and its vast dependence on detention as a means of policing immigration law. This book is intended to provide readers with a fundamental understanding of this developing area of law. It includes case studies and "problem scenarios" that place the concepts discussed within each chapter in a real-world context in addition to "practice pointers" designed to give crimmigration lawyers and students of crimmigration law tips and techniques to help them implement the tools into their daily practice.
Contents:
Intro
Title Page
Copyright Page
Dedication
Contents
Acknowledgments to Second Edition
Acknowledgments
Chapter 1 Introduction
PART 1 Criminals in the Immigration Law System
Chapter 2 Crime-Based Removal
Chapter 3 Relief from Crime-Based Removal
Chapter 4 Immigration Detention
PART 2 Migrants in the Criminal Justice System
Chapter 5 Right to Counsel
Chapter 6 Federal Immigration Crimes
Chapter 7 State Immigration Crimes
PART 3 Enforcing Crimmigration Law
Chapter 8 Border Policing
Chapter 9 The Civil Immigration Detention System
Chapter 10 State Involvement in Crimmigration Law Enforcement
Epilogue
Index
Back Cover.
Notes:
Includes index.
Description based on print version record.
ISBN:
1-64105-946-X

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