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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

The Major Methods of Deportation

The Major Methods of Deportation

(p.50) 3 The Major Methods of Deportation

Daniel Kanstroom

Oxford University Press

The chapter examines the complex and multi-faceted methods of deportation and considers the relationship between goals and methods. Many procedures have been standardized, involving a charging document and appearance before Immigration Judges in hearings that must comply with some constitutional requirements of due process. But deportation has long been an anomalous system, largely exempt from important protections of the U.S. rule of law. Deportees do not have the right to counsel, the right to bail and many other rights. New systems such as “expedited removal,” render much of the recent story of deportation one of de-formalization in which rights guaranteed since the late nineteenth century have been severely limited. Finally, a legally questionable trend has sought to empower state and local governments to deport people. The chapter examines workplace raids, home raids, national security deportations, and “force mulitpliers” and Operation Endgame, which sought “the removal of all removable aliens.”

Keywords:   constitutional rights, counsel, bail, expedited removal, raids, force multiplier, Operation Endgame, Immigration Judges

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