Citation

Podgorny DR. J. Crim. Law Criminol. 2009; 99(1): 287-315.

Copyright

(Copyright © 2009, Northwestern University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

This Comment discusses how the Immigration Acts of 1996 have focused on poor predictors of character and how they have created inconsistency in immigration law, increased litigation, and heightened incentives for illegality and dishonesty. First, the Comment discusses the current state of the criminal provisions present in immigration law. Then, it analyzes the primary anti-immigration arguments that motivated these laws. The Comment goes on to argue that the mainstream perception that there is a link between increased immigration and increased crime is unsupported by statistical data, and that in fact, the Immigration Acts of 1996 have resulted in increased illegality and criminality in the immigration context. Finally, it will advocate that refocusing on rehabilitation in immigration law will better achieve the goals of preventing illegality and criminal behavior in immigration, and that rehabilitation is a better predictor of character. The goal of this Comment is to identify methods for reforming immigration law by first recognizing the inequity and inefficiencies of the current system.