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Jill Family: Local Prosecutors as Deportation Gatekeepers

January 08, 2014 (1 min read)

Stephen Lee, De Facto Immigration Courts, 101 Cal. L. Rev. 553 (2013).

"In De Facto Immigration CourtsStephen Lee untangles part of the thicket that is immigration law. Immigration law is a dense and unique fusion of administrative law, constitutional law, criminal law, and more. It is these intersections, in the context of the very human story of migration, which give immigration law its essence. Professor Lee’s article identifies and explores an underexposed phenomenon arising from immigration law’s dependence on criminal law and criminal procedure.

Professor Lee’s article focuses on how events in state and local criminal law proceedings affect eventual federal civil law agency removal (deportation) proceedings in immigration courts. Specifically, he looks at the impact of state and local prosecutors’ charging and plea choices in criminal cases in eventual agency immigration law proceedings. He argues that criminal court systems are functioning as de facto immigration courts." - Jill Family, Jan. 8, 2014.

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