Over the next few months Sidebar will be publishing a series of three pieces on the current state and future direction of immigration law. The first piece in our series is by Professor Jennifer Chacón of UC Irvine Law and is titled “Managing Migration Through Crime.”
In this piece Professor Chacón examines the criminal prosecution of migration related offenses. She highlights the ways in which the regulation of migration has increasingly become a subject of the criminal law and discusses the explosion of migration-related criminal prosecutions over the past few years. She then provides several examples of the use of criminal prosecutions in the migration context in order to explore an undertheorized effect of this trend, namely, that the protective features of criminal investigation and adjudication are melting away at the edges in certain criminal cases involving migration-related offenses.