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NCJ Number: 98088 Find in a Library
Title: Immigration Policy and the Excludable Alien - Detention Alternatives Through Expansion of the Petty Offense Exception
Journal: New England Journal on Criminal and Civil Confinement  Volume:11  Issue:1  Dated:(Winter 1985)  Pages:186-216
Author(s): T A McCullough
Date Published: 1985
Page Count: 29
Format: Article
Language: English
Country: United States of America
Annotation: This examination of U.S. immigration policy from the turn of the century to the present focuses on those refugees who, after fleeing their homeland, find the United States and other countries unwilling to accept them.
Abstract: The authority to regulate immigration policy is vested in Congress by the U.S. Constitution, and the courts have repeatedly upheld congressional authority to make distinctions among aliens. Legislation has continuously favored those immigrants whose desire to leave their homeland would be beneficial to the United States. The Refugee Act of 1980 sought to bring immigration policy more in line with humanitarian concerns and international agreements. U.S. policy permits detention of three classes of potentially excludable aliens: those who lack proper entry papers, those who have committed crimes outside the United States, and those who have committed crimes outside and within the United States. In cases where exclusion becomes impossible, the courts have been split on the issue of indefinite detention. Under the present policy, courts and officials must apply a strictly defined code to situations which vary greatly in the degree of restriction required. While specific proposals for policy reform require further definition, changes clearly are necessary. The distinction between economic and political refugees must be clarified, and due process distinctions between deportable and excludable aliens must be abandoned. Finally, the expansion of the domestic analog for crimes of moral turpitude into areas of more serious crime, with the imposition of rehabilitative sentencing, would more accurately reflect the sentencing, would more accurately reflect the alien's potential for entering society. Footnotes are included.
Index Term(s): Deportation; Illegal Immigrants/Aliens; Law reform; Policy analysis; Right to Due Process
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=98088

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