Contemporary Practice of the United States Relating to International Law

1998 ◽  
Vol 92 (2) ◽  
pp. 243-272
Author(s):  
Marian Nash (Leich)

In January 1998, the Department of State released its Publication 10518, Consular Notification and Access: Instructions for Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of Consular Officials to Assist Them. Prepared in the Office of the Legal Adviser, the booklet contains “instructions and guidance relating to the arrest and detention of foreign nationals, deaths of foreign nationals, the appointment of guardians for minors or incompetent adults who are foreign nationals, and related issues pertaining to the provision of consular services to foreign nationals in the United States.” The foreword points out that cooperation of federal, state and local law enforcement agencies in ensuring treatment of foreign nationals in accordance with the instructions not only will permit the United States to comply with its consular legal obligations domestically, but also will help ensure that the United States can insist upon “rigorous compliance by foreign governments with respect to United States citizens abroad.”

2016 ◽  
Vol 3 (1) ◽  
pp. 82-95 ◽  
Author(s):  
Amada Armenta

Deporting “criminal aliens” has become the highest priority in American immigration enforcement. Today, most deportations are achieved through the “crimmigration” system, a term that describes the convergence of the criminal justice and immigration enforcement systems. Emerging research argues that U.S. immigration enforcement is a “racial project” that subordinates and racializes Latino residents in the United States. This article examines the role of local law enforcement agencies in the racialization process by focusing on the techniques and logics that drive law enforcement practices across two agencies, I argue that local law enforcement agents racialize Latinos by punishing illegality through their daily, and sometimes mundane, practices. Investigatory traffic stops put Latinos at disproportionate risk of arrest and citation, and processing at the local jail subjects unauthorized immigrants to deportation. Although a variety of local actors sustain the deportation system, most do not see themselves as active participants in immigrant removal and they explain their behavior through a colorblind ideology. This colorblind ideology obscures and naturalizes how organizational practices and laws converge to systematically criminalize and punish Latinos in the United States.


Author(s):  
Dean A. Dabney ◽  
Richard Tewksbury

Chapter 2 presents the methods of the current study. Three fieldwork projects in two cities are explained, including one researcher’s embeddedness with a plain-clothes, street crime unit, one researcher’s 10 month inclusion with a narcotics investigation unit, and one author’s 18 months of participant observation with a major city’s homicide investigation unit. Additionally, in-depth interviews with 15 federal, state and local law enforcement authorities were conducted. These three sources of data are integrated and triangulate the data used for the analysis.


Author(s):  
Lisa Lindquist Dorr

With the passage of the Eighteenth Amendment, the federal government developed and enforcement strategy that charged the U.S. Coast Guard with preventing the illegal importation of liquor on the high seas surrounding the United States. The U.S. Customs Bureau guarded the nation's ports and borders, and the Prohibition Bureau working with state and local law enforcement patrolled the nation's interior. Congress, however, failed to appropriate the resources needed to enforce the law. The Coast Guard lacked enough ships to patrol U.S. waters, and faced uncertainty over the extent to which American authority extended out from shore. The Coast Guard picketed, tracked and trailed suspected rum runners, and disrupted the Rum Rows that developed off the coasts of American cities, but could not fully stop liquor smuggling.


Author(s):  
David Alan Sklansky

Criminal law and immigration law, once separate fields of governance in the United States, are rapidly growing less distinct. Immigration crimes now account for a majority of all federal prosecutions; deportation is widely seen as a key tool of crime control; immigration authorities run the nation’s largest prison system; and state and local law enforcement officers work hand-in-hand with federal immigration officials. This article traces these trends and assesses their significance. The rise of an intertwined regime of “crimmigration” law has generally been attributed to some combination of nativism, overcriminalization, and a cultural obsession with security, but it also exemplifies, and has helped to reinforce, a crucial and underappreciated development in U.S. legal culture—a rising tendency to treat legal rules and legal procedures as interchangeable tools, to be brought to bear pragmatically and instrumentally on an ad hoc basis. Ad hoc instrumentalism of this kind has genuine strengths, but it also raises significant concerns about the rule of law and political accountability. The accountability concerns, in particular, are exacerbated by two other features of our newly merged system of immigration enforcement and criminal justice: its bureaucratic opacity and its selective application.


Sign in / Sign up

Export Citation Format

Share Document