The Deportation State

Abstract

This chapter examines the legal and bureaucratic transformations that gave rise to the deportation power in its contemporary form, providing a better understanding of how it operates as a significant source of presidential power. The story begins in the late nineteenth century, when Congress effectively created the legal authority and bureaucratic capacity the Executive needed to conduct immigration enforcement within the nation’s interior. Contrary to conventional wisdom, the rise of federal immigration legislation during this period did not mark a sharp break with an earlier, mythical period when the United States welcomed all comers. But it was not until this time that Congress began building the regulatory machinery for selecting immigrants that would turn the federal government into a potent force for controlling immigration. For the first time since the infamous Alien and Sedition Acts, Congress enacted laws making resident noncitizens deportable. Just as important, Congress began constructing institutions that would enable the federal government to turn the growing law of deportation into a reality on the ground. Today, deportation occupies much of the field of federal law enforcement. Indeed, the government deports hundreds of thousands of immigrants every year—far more people than are incarcerated in the entire federal prison system. In this chapter, we explain how this reality came to be.