Straddling the Civil-Criminal Divide: A Bifurcated Approach to Understanding the Nature of Immigration Removal Proceedings

Authors

• Peter L. Markowitz, Benjamin N. Cardozo School of LawFollow

Publication Date

Summer 2008

Journal

Harvard Civil Rights-Civil Liberties Law Review

Abstract

The article advocates for reclassifying immigration removal proceedings, distinguishing between exclusion and expulsion. It argues that while exclusion should remain a civil process, expulsion, particularly for lawful permanent residents, should be treated as a criminal matter due to its punitive nature and severe consequences. This bifurcated approach aims to align legal procedures with the reality of the impact on individuals and ensure constitutional protections.

Volume

43

Issue

2

First Page

289

Last Page

352

Publisher

Harvard Law School

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Immigration Law | Judges | Law

Recommended Citation

Peter L. Markowitz, Straddling the Civil-Criminal Divide: A Bifurcated Approach to Understanding the Nature of Immigration Removal Proceedings, 43 Harv. C.R.-C.L. L. Rev. 289 (2008).
https://larc.cardozo.yu.edu/faculty-articles/370