The Process is the Punishment in Crimmigration Law
The Process is the Punishment in Crimmigration Law
This chapter examines whether the interaction between criminal and immigration law, or ‘crimmigration’ law, is transforming these related processes into punishment. The first part considers how the rise of crimmigration law complicates the question of whether deportation constitutes criminal punishment in US law. The second part draws on Malcolm Feeley's work on the punitive nature of criminal process to analyse how crimmigration law has extended and complicated the processes of prosecuting and deporting non-citizens. The chapter concludes by reflecting on the relationship between the process of crimmigration and the contours of punishment. It identifies two critical markers that signal when the processes of crimmigration law may shade over into punishment: when the motives of the authorities enacting and enforcing the criminalizing process are to exact a sanction; and when the non-citizen commonly experiences the process as punitive.
Keywords: criminal law, immigration law, prosecution, deportation, non-citizens, criminal punishment
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
