SLIDE 1
. Stumpf Lewis & Clark Law School
Crimmigration Control Conference Social Control & Justice: Crimmigration in the Age of Fear
University of Coimbra
SLIDE 2 *
*Psychological jurisprudence research indicates that—
- People are more likely to support and comply with laws they
perceive as legitimate…and vice versa
*Perceptions of legitimacy are tied to:
- Substantive norms
- Procedural jurisprudence
Sources: Tom Tyler, “Why People Obey the Law” and related research
SLIDE 3
*
The intersection of immigration and criminal law
Crimmigration Law has Two Profiles:
*Expansion of crime-based deportation:
* Criminal grounds for deportation proliferate * Relief mostly abolished * Result: increase deportations of LPRs
*Criminalize regulation of migration
* Illegal entry and illegal re-entry * From civil immigration system to criminal justice system * Diminish procedural protections in criminal justice system
SLIDE 4
Crimmigration Law
*Crimmigration enforcement increases: *Mass prosecution & deportation –
* Postville, Iowa * Operation Streamline * Obama’s 497K deportees
*Crimmigration enforcement strategies expand *Immigration agents stop and search, arrest and
detain
*Detect arrested noncitizens in criminal
databases: Secure Communities
*Detention without bail or criminal charge *Plea agreements that waive immigration rights
SLIDE 5 *
Crimmigration law as
*Substantive justice:
tensions between norms
*Procedural justice:
authority as treating them fairly is generally more important than a favorable substantive outcome.
SLIDE 6
*
1.Representativeness 2.Consistency 3.Impartiality 4.Accuracy 5.Correctability 6.Ethicality
SLIDE 7
*
*Cherry-pick procedural
elements favorable to authority
*Avoid procedural protections of
formal institutional process
*Avoid formal systems of criminal and
immigration adjudication
SLIDE 8 *
*Judicial responses:
- Operation Streamline
- Padilla v Kentucky
*Noncitizen responses: willingness to report
crimes and cooperate with investigations?
SLIDE 9
*
SLIDE 10
* *
*Identify *Explore *Define *Quantify *Theorize
*Discover
*Analyze *Critique
*Report
