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6 J. on Migration & Hum. Sec. 1 (2018)

handle is hein.journals/jmighs6 and id is 1 raw text is: Journal on Migration and Human Security Immigration and the War on Crime: Law and Order Politics and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Patrisia Macias-Rojas University of Illinois at Chicago Executive Summary The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was a momentous law that recast undocumented immigration as a crime and fused immigration enforcement with crime control (Garcia Herndndez 2016; Lind 2016). Among its most controversial provisions, the law expanded the crimes, broadly defined, for which immigrants could be deported and legal permanent residency status revoked. The law instituted fast-track deportations and mandatory detention for immigrants with convictions. It restricted access to relief from deportation. It constrained the review of immigration court decisions and imposed barriers for filing class action lawsuits against the former US Immigration and Naturalization Service (INS). It provided for the development of biometric technologies to track criminal aliens and authorized the former INS to deputize state and local police and sheriffs departments to enforce immigration law (Guttentag 1997a; Migration News 1997a, 1997b, 1997c; Taylor 1997). In short, it put into law many of the punitive provisions associated with the criminalization of migration today. Legal scholars have documented the critical role that IIRIRA played in fundamentally transforming immigration enforcement, laying the groundwork for an emerging field of crimmigration (Morris 1997; Morawetz 1998, 2000; Kanstroom 2000; Miller 2003; Welch 2003; Stumpf 2006). These studies challenged the law's deportation and mandatory detention provisions, as well as its constraints on judicial review. And they exposed the law's widespread consequences, namely the deportations that ensued and the disproportionate impact of IIRIRA's enforcement measures on immigrants with longstanding ties to the United States (ABA 2004). Less is known about what drove IIRIRA's criminal provisions or how immigration came to be viewed through a lens of criminality in the first place. Scholars have mostly looked within the immigration policy arena for answers, focusing on immigration reform and the new nativism that D 2018 by the Center for Migration Studies of New York. All rights reserved. JMHS Volume 6 Number 1 (2018): 1-25

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