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AftermathDeportation Law and the New American Diaspora$
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Daniel Kanstroom

Print publication date: 2012

Print ISBN-13: 9780199742721

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199742721.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2021



“What Part of ‘Illegal’ Do You Not Understand?”

(p.3) 1 Introduction

Daniel Kanstroom

Oxford University Press

This chapter considers the case of an elderly mother left alone and a son condemned to die in what, for him, is a foreign, unknown place. It then explains why the acceptance of some forms of deportation in principle does not require acceptance of the current system, which has vastly exceeded any historical precedent in terms of its size, its ferocity, its disproportionality, its disregard for basic rights, and its substantial negative effects. It introduces the idea of the ‘rule of law’ in a more expansive formulation, including the critical ideas of proportionality, finality, territoriality, and discretion. It also introduces the idea that the U.S. deportation system has created a new, but unplanned, diaspora. Finally, it shows how the U.S. system is huge and still growing and that even U.S. citizens are sometimes its victims, along with many families, children and countries to which US deportees are sent.

Keywords:   rule of law, proportionality, diaspora, finality, territory, discretion, families, children, citizens

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