Crimmigration Control Conference Social Control & Justice: Crimmigration in the Age of Fear University of Coimbra Prof. Juliet P . Stumpf Lewis & Clark Law School
* * Psychological jurisprudence research indicates that — o People are more likely to support and comply with laws they perceive as legitimate…and vice versa * Perceptions of legitimacy are tied to: o Substantive norms o Procedural jurisprudence Sources: Tom Tyler, “Why People Obey the Law” and related research
* The intersection of immigration and criminal law Crimmigration Law has Two Profiles: * Expansion of crime-based deportation: * Criminal grounds for deportation proliferate * Relief mostly abolished * Result: increase deportations of LPRs * Criminalize regulation of migration * Illegal entry and illegal re-entry * From civil immigration system to criminal justice system * Diminish procedural protections in criminal justice system
Crimmigration Law * Crimmigration enforcement increases: * Mass prosecution & deportation – * Postville, Iowa * Operation Streamline * Obama’s 497K deportees * Crimmigration enforcement strategies expand * Immigration agents stop and search, arrest and detain * Detect arrested noncitizens in criminal databases: Secure Communities * Detention without bail or criminal charge * Plea agreements that waive immigration rights
* Crimmigration law as * Substantive justice: tensions between norms * Procedural justice: o Whether people perceive authority as treating them fairly is generally more important than a favorable substantive outcome.
1. Representativeness 2. Consistency 3. Impartiality 4. Accuracy 5. Correctability 6. Ethicality *
* * Avoid formal systems of criminal and immigration adjudication * Cherry-pick procedural elements favorable to authority * Avoid procedural protections of formal institutional process
* Judicial responses: o Operation Streamline o Padilla v Kentucky * Noncitizen responses: willingness to report crimes and cooperate with investigations? *
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* * Identify * Explore * Define * Quantify * * Theorize * Discover * Analyze * Critique * Report
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