About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

110 Colum. L. Rev. Sidebar 42 (2010)
Rethinking Immigration Detention

handle is hein.journals/sidbarc110 and id is 42 raw text is: COLUMBIA LAW REVIEW SIDEBAR VOL. 110 JULY 21, 2010 PAGES 42-58 RETHINKING IMMIGRATION DETENTION Anil Kalhan * In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and innigration control have blurred in law and public discourse.' This Essay analyzes this convergence in the context of immigration detention. For decades, observers have analyzed a wide range of detention-related concerns, including mandatory custody, coercion and other due process violations, inadequate access to counsel5 prolonged and indefinite custody,' inadequate conditions of confinement,' and violations of * Associate Professor of Law, Drexel University Earle Mack School of Law. Thanks to Chris Nugent, Alison Parker, Judy Rabinovitz, Jayashri Srikantiah, and Juliet Stumpf for helpful exchanges and comments on earlier drafts. 1. See, e.g., Brookings Inst. & Univ. of S. Cal. Annenberg Sch. for Commc'n, Democracy in the Age of New Media: A Report on the Media and the Immigration Debate 12, 23-27 (2008) (analyzing and concluding media coverage of immigration since 1980 has focused overwhelmingly on criminality and other forms of illegality); Jennifer Chac6n, Managing Migration Through Crime, 109 Colum. L. Rev. Sidebar 135, 135-36 (2009) (discussing scholarship on convergence of criminal justice and immigration control regimes); Stephen H. Legomsky, The New Path of Immigration Law: Asymmetric Incorporation of Criminal Justice Norms, 64 Wash. & Lee L. Rev. 469, 469, 472, 500-10 (2007) [hereinafter Legonsky, New Path] (arguing immigration law has absorb[ed] the theories, methods, perceptions, and priorities of criminal law enforcement); Juliet Stumpf, The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power, 56 Am. U. L. Rev. 367, 376 (2006) (arguing line between immigration law and criminal law has grown indistinct). 2. E.g., Paul W. Schmidt, Detention of Aliens, 24 San Diego L. Rev. 305, 306 (1987). 3. E.g., Donald Kerwin & Charles Wheeler, The Detention Mandates of the 1996 Immigration Act: An Exercise in Overkill, 75 Interpreter Releases 1433, 1433 (1998). 4. E.g., Orantes-Hernandez v. Meese, 685 F. Supp. 1488 (C.D. Cal. 1988), aff'd, 919 F.2d 549 (9th Cir. 1990). 5. E.g., Margaret H. Taylor, Promoting Legal Representation for Detained Aliens: Litigation and Administrative Reform, 29 Conn. L. Rev. 1647 (1997) [hereinafter Taylor, Promoting]. 6. E.g., Arthur C. Helton, The Legality of Detaining Refugees in the United States, 14 N.Y.U. Rev. L. & Soc. Change 353, 364-65 (1986); Legomsky, New Path, supra note 1, at 489-92. 7. E.g., Margaret H. Taylor, Detained Aliens Challenging Conditions of Confinement and the Porous Border of the Plenary Power Doctrine, 22 Hastings Const. L.Q. 1087, 1111-27 (1995) [hereinafter Taylor, Challenging Conditions]. 42

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most