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Immigration and Crime Seminar Exam 2
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Question No. 1
Criminal Immigration Offenses and Consequences of Criminal Conduct An Analysis of Different Dimensions
The correlation between exacerbated immigrants influx and augmented rate of criminal offenses is a critical issue yet received slight attention of contemporary researchers that proffer little information to criminologists in this regard (Martinez T. Lee, 2000). Criminal immigration offenses and consequences of criminal conduct are the most significant facades of immigrant law and may have prolonged consequences. In this context, different concepts are important, but the implication of aggravated felonies and illegal reentry are prevalent. Aggravated felonies can be defined as a specific criminal class that entices severe immigration consequences for the non-American populace federal law labeled approximately thirty offenses as aggravated felonies (M, 2019). Initially, the definition used to encapsulate only murders, drug smuggling, and ammunition trafficking however, the statutes succeeding amendments inflated statutory subsections and added more aggravated felonies. By the passing time, aggravated felonies infused even non-violent and low-level crimes and depend entirely on Congresss opinion at any given time according to legal practices, immigration consequences of criminal conduct may be deportation. On the other hand, under 8 U.S.C. 1326, reentry subsequent to removal lays the foundations for immigration-related unlawful imposition, reprimand the immigrants who abide by violating the immigrants law even after exclusion from the U.S.A. (Teran, 1996).
Similar to aggravated felony subsections, other dynamics of criminal immigration consequences evolved gradually by considering internal and external factors. The perceived war of drugs and war on terrorism compelled the government to devise proper legal action to tackle the implied intricacies with the matters at hand. The drug act of 1952 considered active till 1988 when Congress observed acceleration in drug usage and associated offense and passed the Anti-Drug Abuse Act (ADAA). As a result, the revised act defined a new aggravated felonies category that segregated killing, weapon trafficking, and drug trafficking as the most severe criminal offenses among immigrants. According to ADAA, foreigners in case of convicting aggravated felony encounter a less timeframe for appealing, detention without bond, and limited access to deportation relaxation benefits. Moreover, Congress amplified the reentry penalties and made them five and fifteen years for a felony and aggravated felonies convicted before deportation, respectively. Further ADAA emphasized the absence of valid dates provision, and therefore, the statute asserted that any aggravated felony (murder, drug or weapon trafficking) would be dealt without considering the date of conviction. Later on, in 1996, President Clinton passes the Anti-Terrorism and Effective Death Penalty Act AEDPA, in turn, enlarged the scope of aggravated felonies. The expanded canopy of AEDPA included bribery, prostitution, gambling, false documents forging, and smuggling of stolen vehicles as aggravated felonies under section 441 (e) (Teran, 1996). Moreover, in later years, post-9/11 terrorisms policies immensely modified the visage of strategy and law for the immigrants. The notion of war on terrorism intertwined the immigration law with anti-terrorism policies of the United States to a great extent. As a matter of fact, due to lack of procedural protections, immigration laws permeated a tinge of incredulity regarding immigrants, and most of such perceptions are highly inclined toward stereotyping (Martinez T. Lee, 2000). In this context, immigrants and their descendants and generations become a subject to evaluate and address rate and frequencies of criminal convictions (Morenoff Astor, 2006). However, targeting immigrants and certain religious factions for exacerbated securitization and prejudice are tarnishing the real essence of the United States. While stressing the terrorism policies, the federal judiciary often mixed up the elements of immigration policies, which, in turn, affect migrants in a negative manner (Tumlin, 2004).
The law of the United States practices different legal implications for immigrants in many areas, including the statute of limitations and double-jeopardy. According to the Fifth Amendment, the double jeopardy clause dejects the states action in reprimanding a person twice for a similar conviction the term asserts that no person is subject to be put in jeopardy of life or limb more than once (Sacco, 2018). Nevertheless, the immigrants laws never concern double jeopardy for migrants populace the Illegal Immigration Reform and Immigrant Responsibility Act signed in 1996 by President Clinton and legalized official double jeopardy against non-American citizens. In due course, the legal consideration deems detention just as a civil penalty that followed by terms of immigrant imprisonment and deportation (Sacco, 2018).
Reference
Jr, R. Lee, Matthew. (2000). On immigration and crime. Criminal Justice. 1. 485-524.
M., D. (2019). Aggravated Felony - What are the immigration consequences. HYPERLINK https//www.shouselaw.com/immigration/aggravated-felonies https//www.shouselaw.com/immigration/aggravated-felonies
Morenoff, J., Astor, A. (2006). Immigration and crime Immigrant Assimilation and Crime Generational Differences in Youth Violence in Chicago (pp. 36-63). New York New York University Press.
Teran, L. (1996). Defending Foreign Nationals Convicted for Illegal Reentry The Aggravated Felony Issues. Federal Sentencing Reporter, 8(5), 270-274. doi10.2307/20639913
Tumlin, K. (2004). Suspect First How Terrorism Policy Is Reshaping Immigration Policy. California Law Review, 92(4), 1173-1239. doi10.2307/3481320
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Question No. 3
Private Prison Companies and detention and Incarceration of Immigrants
Detention and incarcerations are two different sorts of punishments, and the federal department is responsible for imprisonment or detains an individual in federal custody. According to the legally provided definitions, detention can be explained as a temporary captivating of a person alleged of federal crime immigrants who are waiting for deportation sentences are also known as detainees. Contrarily, incarceration is prolonged imprisonment that is imposed on convicted and condemned offenders. Throughout the past decades, law enforcement is rapidly redesigning the notions of sentencing requirements and detention necessities that, in turn, elevating the condition for expanded incarceration and detention spaces (Justice Gov, 2019). The contemporary adjustment and infusion of the enhanced framework established the imperativeness of private prisons that are playing an integral role in assisting the government in managing the massive inflow of detainees and prisoners. According to the generalized perception, the gigantic influx of immigrants augmented the overall criminal conduct rate throughout the United States that in turn increased the demand and reputation of private prisons simultaneously. American criminal justice has devised several prejudiced clauses s and legal practices against immigrants, including double jeopardy that requires acquaintance of privatized prisons to mitigate the intensity of immigration and associated perceived fallacies. The emergence of private prisons significantly proffering social constructions to tackle the issue of undocumented illegal immigrants moreover, the efficacy of such privatized institutions is measured in terms of boosted profitability because such organizations operate for revenues. The GEO Group and Corrections Corporation of American are eminent private immigration detentions centers which are substantiating their presence through earned assets (Ackerman Furman, 2012).
Along with making heaps of money, the private prisons for incarceration and detention are also developing immense psychological complexities among detained immigrants and their surviving families, at the same time. In recent years the psychological intricacies of immigrants detainees are recognized in the mtier of criminal justice. As a matter of fact, immigrants are the most fragile and susceptible populace that has all human rights to migrate to the United States or any other country in search of a promising life. And therefore, any discriminatory behavior and inhumane treatment of such a striving soul are not acceptable. Nevertheless, despite all the involved vulnerability and perils of delicate psychological conditions, the private prisons and detention centers are adding fuel to fury and playing their part in elevating the mental suffering of immigrants. During the detention period, the immigrants detainees may become prone to substance abuse as well as other psychological drawbacks. The situation becomes worse when culture and lingual diversity hinder the intervention of local professionals as they partially comprehend the situation and exacerbate the threat of misdiagnosis. Likewise, the incorporation of untrained psychological assistance is also dangerous in this perspective. In order to address the mental health issues of detainees, government and private prisons require developing some mutual stratagem in due course, a diverse team of psychologists should be specially trained to deal with their people. Culturally diverse psychologists will be capable of mitigating the tinge of foreignness, and detainees will feel at ease with their people, trained and understanding professionals from their backgrounds. The similar backdrops of professionals and patients will also pave the path for comprehending the history of detainees in a more precise and effectual manner. Such well-devised and empathic intervention can help both federal and private detention and incarceration institutes to lessen the miseries of migrants to some extent.
Reference
Ackerman, A., Furman, R. (2013). The criminalization of immigration and the privatization of the immigration detention implications for justice. Contemporary Justice Review, 16(2), 251-263. doi 10.1080/10282580.2013.798506
Detention and Incarceration - Department of Justice. (2019). https//www.justice.gov/archive/ag/annualreports/ar99/Chapter5.pdf
Question No. 4
Wretchedness and Desolation of Deportation
According to Kanstroom (2010), a century of social experimentation depicts that the implied deportation system of the United States proven to be detrimental and yield little or no benefits. The deportation system is not devised adequately, and therefore any enforcement dependability on such futile archetype will have severely negative consequences. Depuration is substantial despair that impacts individuals, families, and the entire society in a crosscurrent manner. On an individual level, people demonstrate fear of being prosecuted and dispatched to a hostile environment where hazards and insecurities are ready to engulf them in a jiffy. In several cases, it is observed that deported individuals become the victim of rape, murder or brutality, and abduction. On the other hand, the earning members of the family feel the onus of their financial responsibilities and deem deportation as a stigma and in due course, avoid a reconnection with their families and opt for a degraded and isolated life. Similarly, other family members of deported persons encounter various psychological complexities such traumas include the notion of segregation from a family member in order to cope with basic living needs such as shelter, food, and a few dollars. In the absence of a deported family member, the entire structure of a household takes a significant shift, and roles of elders and youngsters rearrange in the light of newly arrived miseries. Along with material and tangible effects, the family confronts several intangible drawbacks as well, such as sadness, rage, lack of sleep, and changed eating patterns and anxiety and desire to withdraw (American Journal of Community Psychology, 2018). Such hardships are intense and enduring that even on the resolution of issues aftermaths linger. On a broader scale, communities suffer the magnitude of adversaries caused by deportation in such cases, the experiences though are not first-hand yet carve more significant consequences. According to research studies, it is found out that most of the community members tend to have reduced levels of trust, social gatherings, and cultural and amalgamation in public institutions (American Journal of Community Psychology, 2018).
Deportation under the law and statuary of the United States is not considered as a punishment. From a governmental standpoint, undocumented migrants are not offenders, detention is different from incarceration, and deportation is not punishments rather, it is a civil penalty. Nevertheless, the undocumented immigrants face all the mistreatments of a culprit, detainees condition is far worse than prison, and the wretchedness caused by deportation surpasses the trauma of any equivalent punishment. In this context, it is advocated to acknowledge deportation as a punishment because, in this way, at least deportees will indulge the constitutional protections provided to suspected convicts (Golash-boza, 2010). Deportees are not allowed to appoint any counsel and appeal for a jury trial or review because the law does not delineate deportation as punishment. Converting deportations status into a punishment will eradicate the significant melancholy of deportees.
In order to plan, design, and implement a non-profit program for deportees and their families, it is indispensible to elucidate their major requirements and necessities. Safety, education, inclusion, healthcare, community outreach, legal advocacy, and other similar services are the priority. The program will aim to foster the notion of the support network and will address the inclusion approaches to all the affected families regardless of the status of their immigration and legal proceeding. The program will revolve around non-profit structure and will operate on the basis of donations the underlying purpose of the program will promote the feeling of belonging, preventing mental and health problems and establishing a sense of community. The program will be pragmatically designed.
Reference
American Journal of Community Psychology. (2018). Statement on the Effects of Deportation and Forced Separation on Immigrants, their Families, and Communities. American Journal Of Community Psychology, 62(1-2), 3-12. doi 10.1002/ajcp.12256
Golash-Boza, T. (2019). Deportation as Punishment. https//www.counterpunch.org/2010/05/28/deportation-as-punishment/
Kanstroom, D. (2010). Deportation nation Discretion, Jurisdiction Stripping, and Retroactivity, 19652006 (pp. 225-246). Cambridge, Mass. Harvard University Press.
Immigration and Crime Seminar Exam 2
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