The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

In the early morning hours of May 18, 1944 the Russian army, under orders from Stalin, deported the entire Crimean Tatar population from their historical homeland. Given only fifteen minutes to gather their belongings, they were herded into cattle cars bound for Soviet Central Asia. Although the official Soviet record was cleansed of this affair and the name of their ethnic group was erased from all records and official documents, Crimean Tatars did not assimilate with other groups or disappear. This is an ethnographic study of the negotiation of social memory and the role this had in the growth of a national repatriation movement among the Crimean Tatars. It examines the recollections of the Crimean Tatars, the techniques by which they are produced and transmitted and the formation of a remarkably uniform social memory in light of their dispersion throughout Central Asia. Through the lens of social memory, the book covers not only the deportation and life in the diaspora but the process by which the children and grandchildren of the deportees 'returned' and anchored themselves in the Crimean Penininsula, a place they had never visited.

Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.

The crisis of borders and prisons can be seen starkly in statistics. In 2011 some 1,500 migrants died trying to enter Europe, and the United States deported nearly 400,000 and imprisoned some 2.3 million people--more than at any other time in history. International borders are increasingly militarized places embedded within domestic policing and imprisonment and entwined with expanding prison-industrial complexes. Beyond Walls and Cages offers scholarly and activist perspectives on these issues and explores how the international community can move toward a more humane future. Working at a range of geographic scales and locations, contributors examine concrete and ideological connections among prisons, migration policing and detention, border fortification, and militarization. They challenge the idea that prisons and borders create safety, security, and order, showing that they can be forms of coercive mobility that separate loved ones, disempower communities, and increase shared harms of poverty. Walls and cages can also fortify wealth and power inequalities, racism, and gender and sexual oppression. As governments increasingly rely on criminalization and violent measures of exclusion and containment, strategies for achieving change are essential. Beyond Walls and Cages develops abolitionist, no borders, and decolonial analyses and methods for social change, showing how seemingly disconnected forms of state violence are interconnected. Creating a more just and free world--whether in the Mexico-U.S. borderlands, the Morocco-Spain region, South Africa, Montana, or Philadelphia--requires that people who are most affected become central to building alternatives to global crosscurrents of criminalization and militarization. Contributors: Olga Aksyutina, Stokely Baksh, Cynthia Bejarano, Anne Bonds, Borderlands Autonomist, Collective, Andrew Burridge, Irina Contreras, Renee Feltz, Luis A. Fernandez, Ruth Wilson Gilmore, Amy Gottlieb, Gael Guevara, Zoe Hammer, Julianne Hing, Subhash Kateel, Jodie M. Lawston, Bob Libal, Jenna M. Loyd, Lauren Martin, Laura McTighe, Matt Mitchelson, Maria Cristina Morales, Alison Mountz, Ruben R. Murillo, Joseph Nevins, Nicole Porter, Joshua M. Price, Said Saddiki, Micol Seigel, Rashad Shabazz, Christopher Stenken, Proma Tagore, Margo Tamez, Elizabeth Vargas, Monica W. Varsanyi, Mariana Viturro, Harsha Walia, Seth Freed Wessler.

Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.

Who polices immigration? : establishing the role of state and local law enforcement agencies in immigration control -- Setting up the local deportation regime -- Policing immigrant Nashville -- The driving to deportation pipeline -- Inside the jail -- Lost in translation : two worlds of immigration policing

Examines the current deportation system in the United States, the aftermath effects, and the political, social and legal issues.

Within and Beyond Citizenship brings together cutting-edge research in sociology and social anthropology on the relationship between immigration status, rights and belonging in contemporary societies of immigration. It offers new insights into the ways in which political membership is experienced, spatially and bureaucratically constructed, and actively negotiated and contested in the everyday lives of citizens and non-citizens. Themes, concepts and ideas covered include: The shifting position of the non-citizen in contemporary immigration societies; The intersection of human mobility, immigration control and articulations of citizenship; Activism and everyday practices of membership and belonging; Tension in policy and practice between coexisting traditions and regimes of rights; Mixed status families, belonging and citizenship; The ways in which immigration status (or its absence) intersects with social cleavages such as age, class, gender and ‘race’ to shape social relations. This book will appeal to academics and practitioners working in the disciplines of Social and Political Anthropology, Sociology, Social Policy, Human Geography, Political Sciences, Citizenship Studies and Migration Studies.

When Gina was deported to Tijuana, Mexico, in 2011, she left behind her parents, siblings, and children, all of whom are U.S. citizens. Despite having once had a green card, Gina was removed from the only country she had ever known. In Deported Americans legal scholar and former public defender Beth C. Caldwell tells Gina's story alongside those of dozens of other Dreamers, who are among the hundreds of thousands who have been deported to Mexico in recent years. Many of them had lawful status, held green cards, or served in the U.S. military. Now, they have been banished, many with no hope of lawfully returning. Having interviewed over one hundred deportees and their families, Caldwell traces deportation's long-term consequences—such as depression, drug use, and homelessness—on both sides of the border. Showing how U.S. deportation law systematically fails to protect the rights of immigrants and their families, Caldwell challenges traditional notions of what it means to be an American and recommends legislative and judicial reforms to mitigate the injustices suffered by the millions of U.S. citizens affected by deportation.