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LIRA@BC Law

Abstract

The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features of both legal dichotomies.

Files

File nameDate UploadedVisibilityFile size
Kanstroom_Criminalizing_Undocumented.pdf
7 Sep 2022
Public
2.07 MB

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Metadata

  • Subject
    • Civil Rights and Discrimination

    • Constitutional Law

    • Courts

    • Criminal Law

    • Domestic Law

  • Journal title
    • North Carolina Journal of International Law and Commercial Regulation

  • Volume
    • 29

  • Pagination
    • 639-670

  • Date submitted

    7 September 2022

  • Keywords