Policies and regulations from the past decade underscore the need for
strong constitutional safeguards in removal proceedings, which are administrative
proceedings where an Immigration Judge adjudicates whether a
noncitizen should be deported from the United States under the Immigration
and Nationality Act (INA). Deportation has accelerated; the Obama
Administration has removed nearly 400,000 noncitizens in each of the last
three years. Congress and the Executive have limited appellate review of
final orders of removal and sharply curtailed avenues of discretionary relief.
Immigration detention has increased significantly; Immigration and
Customs Enforcement (ICE) detained a record total of 384,000 noncitizens
in 2009, and 363,000 noncitizens in 2010. Immigration law also has become
more complex, with a maze of difficult regulations that govern the forms of
relief available at different stages of the removal process. Recognizing recent
changes in immigration enforcement and the severity of deportation,
this Note suggests that some groups of noncitizens in removal proceedings
ought to have heightened procedural safeguards as a matter of constitutional
"Beyond '"Crimigration"a nd the Civil- Criminal Dichotomy -Applying Mathews v. Eldridge in the Immigration Context,"
Yale Human Rights and Development Law Journal: Vol. 16
, Article 5.
Available at: http://digitalcommons.law.yale.edu/yhrdlj/vol16/iss1/5