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9 DePaul J. Soc. Just. 1 (2015-2016)
What (and Whom) State Marijuana Reformers Forgot: Crimmigration Law and Noncitizens

handle is hein.journals/depjsj9 and id is 161 raw text is: DEPAUL JOURNAL FOR SOCIAL JUSTICE WHAT (AND WHOM) STATE MARIJUANA REFORMERS FORGOT: CRIMMIGRATION LAW AND NONCITIZENS CARRIE ROSENBAUM INTRODUCTION Deportation rates of Latino/a noncitizens are higher than their presence in immigrant communities in the United States.' The fact that Latino/a noncitizens experience immigration policing and deportation at higher rates than other noncitizens is due, at least in part, to federal immigration enforcement's use of alleged criminality to identify deportable (or inadmissible) noncitizens. The drug war has had a racially disparate impact on noncitizen Latino/as; however, recent shifts towards softening of drug laws, including marijuana, are unlikely to reverse the disproportionate impact of criminal-immigration policing of Latino/as because of the systemic racial bias in criminal policing. At least twenty states have eliminated criminal penalties for simple possession of marijuana.2 Other states and municipalities have passed laws allowing the medical use of marijuana.3 These changes have primarily resulted from fiscal pressures and represent an acknowledgment across party lines that the war on drugs has T Adjunct Professor, Golden Gate University School of Law. I am grateful to Kevin R. Johnson, Steven W. Bender, Hiroshi Motomura, C6sar Cuauhtimoc Garcia HernAndez, Yolanda Vizquez, and Marisa Cianciarulo, as well as Golden Gate University School of Law Faculty members for insightful comments, and those who provided meaningful feedback at the 2015 Immigration Professor and LatCrit Conferences. Thanks as well to Golden Gate University Law student Courtney Brown for invaluable assistance, and last but not least, the patient and thorough De Paul editorial board. Any errors in this article are all my own. * Search terms: immigration, deportation, critical race, criminal justice system, profiling. This was Presentation and (tentatively accepted) Paper for Emerging Narratives: Developments in Global Drug Policing. Carrie L. Rosenbaum, What (and Whom) State Marijuana Reformers Forgot: Crimmigration Law and Noncitizens, 23 MICH. ST. INT'L L. REv. (forthcoming 2016). 4 GUILLERMO CANTOR, PH.D., MARK NOFERI, EsQ., & DANIEL E. MARTINEZ, PH.D., Enforcement Overdrive: A Comprehensive Assessment ofICE's Criminal Alien Program, IMMIGRATION POLICY CENTER (Nov. 2, 2015), http://immigrationpolicy.org/print/special-reports/enforcement-overdrive- comprehensive-assessment-criminal-alien-program. 2 See Drug War Statistics, DRUG POLICY ALLIANCE, http://www.drugpolicy.org/drug-war-statistics (last visited Nov. 19, 2015). 3 Id. Volume 9, Issue 2 / Spring 2016

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