Crimmigration

What Is Crimmigration Law?

“At its most basic, “crimmigration” law describes the convergence of two distinct bodies of law: criminal law and procedure with immigration law and procedure. For most of the nation’s history, these operated almost entirely free of the other. Criminal law and procedure was thought to be the province of prosecutors, criminal defense attorneys, and the state and federal judges who oversee criminal prosecutions every day. Immigration law, in contrast, was confined to immigration courts housed within the executive branch of the federal government and staffed by immigration attorneys, immigration judges, and prosecutors employed for many years by the Immigration and Naturalization Service (INS) and now the Department of Homeland Security (DHS).

With this in mind, Crimmigration Law lays out crimmigration law’s contours. It tracks the legal developments that have created crimmigration law and explains the many ways in which the stark line that once appeared to keep criminal law firmly divided from immigration law has melted away. In doing so, it highlights crimmigration law’s most salient features—its ability to substantially raise the stakes of criminal prosecutions by dramatically expanding the list of crimes that can result in removal from the United States, its willingness to freely rely on crimes that apply only to migrants, and its vast dependence on detention as a means of policing immigration law.”

–American Bar Association