Tuesday, December 10th, 2019

Re-thinking Illegal Entry and Re-entry


"This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry.  Little has been previously written about the historical lineage of either crime, despite the supporting role each  has  played in enforcing  the nation’s civil immigration laws, particularly along the  U.S.-Mexico border.  This Article takes a critical look at the enforcement of each crime—from when they were initially conceived  of  as a way to deter illegal immigration, then as a way to target dangerous aliens, and most recently as a means to do both.  These shifting strategies, however, have one thing in common: ineffectiveness.  Enforcing the crimes has never meaningfully deterred illegal immigration, and the government’s poorly designed proxy to determine  whether an alien is “dangerous”