113 Harv. L. Rev. 1889 (1999-2000)
Introduction

handle is hein.journals/hlr113 and id is 1915 raw text is: VOLUME 113

JUNE 2000

NUMBER 8

HARVARD LAW REVIEW
SYMPOSIUM: UNITED STATES IMMIGRATION
POLICY AT THE MILLENNIUM
The Illegal Immigration Reform and Immigrant Responsibility Act and the
Antiterrorism and Effective Death Penalty Act, both passed in 1996, substantially
altered U.S. immigration law and policy. In December '999, the Criminal Justice
Institute of Harvard Law School, the Harvard Law School Immigration and
Refugee Clinic, and the Boston College Law School Immigration and Asylum
Project jointly sponsored a conference on immigration policyt which aimed to
enhance the debate on these laws and to discuss options for reform. Three of the
papers presented at the conference follow. In Deportation, Social Control, and
Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Professor
Daniel Kanstroom explores the constitutional concerns regarding deportation. He
contends that reliance on crime control as a justification for current laws and the
increasing real-world convergence between our criminal justice and deportation
systems [compels] a rethinking of the foundational principles underlying the
constitutional status of deportation (p. z892). In Understanding the Impact of
the 1996 Deportation Laws and the Limited Scope of Proposed Reforms Professor
Nancy Morawetz challenges the recent legislation's one-size-fits-all test for the
deportation of permanent residents (p. 1938). She argues for a return to a
deportation regime that permits immigration judges to weigh extenuating
circumstances, such as the nature of the offense and the family ties of the
deportee. In Jurisdiction and the Rule of Law After the 1996 Immigration Act,
Professor Gerald L. Neuman outlines the habeas corpus issues that have emerged
from the courts in response to the legislation. He contends that, under the
auspices of the recent law, the government has launched a 'fundamental assault
on the writ of habeas corpus as a constitutionally guaranteed remedy for
detention by executive authority (p. 1963).
TABLE OF CONTENTS
DEPORTATION, SOCIAL CONTROL, AND PUNISHMENT: SOME THOUGHTS ABOUT
WHY HARD LAWS MAKE BAD CASES
D an iel  K anstroom   ...................................................................................................................  189o
UNDERSTANDING THE IMPACT OF THE 1996 DEPORTATION LAWS AND THE
LIMITED SCOPE OF PROPOSED REFORMS
N an cy  M oraw etz  ..................................................................................................................... 1936
JURISDICTION AND THE RULE OF LAW AFTER THE 1996 IMMIGRATION ACT
G erald  L   N eum an  ...................................................................................................................  963
t United States Immigration Policy at the Millennium: With Liberty and Justice for All? Har-
vard Law School, Cambridge, Mass. (Dec. 3-5, 1999).

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