Thousands of long-term legal permanent residents are removed from the United States each year because they have been convicted of criminal offenses, many quite minor. These removals occur without any of the constitutional safeguards that generally protect criminal defendants. Immigration authorities rely on cases asserting that such removals are not punishment for crime, but rather remedial sanctions and merely collateral consequences of conviction. This Article challenges those conclusions. It argues that their factual and doctrinal foundation has disintegrated over the last twenty years. Far reaching changes in immigration law and enforcement have rendered removal for many crimes a definite, immediate and largely automatic effect on the range of the defendant's punishment-that is, the direct consequence of a conviction.

Included in

Law Commons