We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
JRAD Redux: Judicial Recommendation Against Immigration Detention.
- Authors
Holper, Mary
- Abstract
There is a dire need for bail reform in the immigration detention system. Scholars have suggested a variety of recommendations to improve the manner in which immigration detention decisions are made. All of these recommendations have rested on the assumption that there is a finite pool of decisionmakers: Immigration and Customs Enforcement, the immigration judge, and, in certain cases, a federal district court judge deciding detention issues in habeas corpus proceedings. In this article, the author proposes the introduction of a new decisionmaker in the immigration detention system: the criminal court judge. This proposal is a JRAD redux--instead of a judicial recommendation against deportation ("JRAD"), as previously existed in immigration law, it is a judicial recommendation against immigration detention ("JRAID"). To provide a normative defense of this proposal, the article builds off of literature examining immigration detention as punishment, procedural justice, and the relationship between states and the federal government in immigration enforcement.
- Subjects
EMIGRATION &; immigration; IMMIGRATION detention centers; BAIL; DEPORTATION; IMMIGRATION law; JUDICIAL reform
- Publication
George Washington Law Review, 2023, Vol 91, Issue 3, p561
- ISSN
0016-8076
- Publication type
Article