TY - JOUR PY - 2009// TI - Rethinking the increased focus on penal measures in immigration law as reflected in the expansion of the 'aggravated felony' concept JO - Journal of criminal law and criminology A1 - Podgorny, DR SP - 287 EP - 315 VL - 99 IS - 1 N2 - 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.

LA - SN - 0091-4169 UR - http://dx.doi.org/ ID - ref1 ER -