Administrative and Immigration Law
The Unexamined Law of Deportation, 110 Georgetown Law Journal __ (forthcoming 2022) (job talk paper).
The internal administrative law of immigration enforcement depends on criminal history to determine who is a priority for deportation from the United States. I show empirically that local sanctuary policies and federal enforcement priorities reduce deportations by concentrating enforcement on noncitizens with criminal convictions. But should people with serious criminal convictions be first in line for deportation? There is an unavoidable tradeoff between prioritizing by criminality and protecting noncitizens with families and deep roots in the United States. I propose a framework for navigating that tradeoff and conclude that prioritization by criminality is only rarely justifiable.