Sunday, May 27th, 2018

Waiving Due Process (Goodbye): Stipulated Orders of Removal and the Crisis in Immigration Adjudication

"In recent years, an increasing number of deportations have taken place
through a little-known procedure called stipulated removal, in which a
noncitizen agrees to the entry of a formal removal order while waiving
the right to an in-person hearing before an Immigration Judge. The
federal government has looked to stipulated orders of removal as a
partial solution to the mismatch between its enforcement goals and the
resources of the immigration court system – a mismatch that, many
commentators agree, has reached a state of crisis. Stipulated removal
arguably offers some benefits to both the noncitizen and the government,
insofar as the noncitizen stands to receive a shorter time in
immigration detention and faster removal, while the federal government
benefits from efficiency gains and political rewards. This Article, the
first academic piece to examine stipulated orders of removal, argues
that stipulated orders of removal under current law and practice