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51 Emory L.J. 1131 (2002)
The Sentencing Judge as Immigration Judge

handle is hein.journals/emlj51 and id is 1141 raw text is: THE SENTENCING JUDGE AS IMMIGRATION JUDGEt Margaret H. Taylor* Ronald F. Wright** When the alien is before the judge charged with a crime and the time for sentence comes, necessarily the question of whether he shall be deported or not must be presented to the court, and when all the facts are before him, and both sides have been heard by the court, that is the time when that important matter should be decided. INTRODUCTION Noncitizens who commit crimes large and small work their way through two huge bureaucracies: the immigration enforcement and the criminal justice systems. When a noncitizen commits a crime, the event can result in a criminal conviction, which might then trigger removal from the country. Neither of these bureaucracies wins plaudits for its efficiency or its humane treatment of the people caught up in the cases. One system is profoundly troubled; the other is a disaster. Criminal defense lawyers and immigration attorneys might disagree about which system deserves which label. However badly these two systems operate by themselves, they work even more poorly when they are haphazardly combined. The two systems duplicate many tasks, gathering many of the same facts about the noncitizen and employing two distinct sets of investigators and judges. Working together, they needlessly lengthen the time a noncitizen must sit in jail and postpone the date when the government can remove the person from the country. t The authors are grateful to Nora Demleitner, Hiroshi Motomura, and Peter Schuck for their helpful comments on this Article. * Professor of Law, wake Forest University. J.D., Yale Law School (1988); B.A., University of Texas (1985). ** Professor of Law, wake Forest University. J.D., Yale Law School (1984); B.A., College of william & Mary (1981). Excerpt from debate in the House of Representatives on the Immigration Act of 1917. 53 CONG. REC. 5171 (1916) (statement of Rep. Hayes).

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