庇护城市:非法移民逍遥法外的原因?

Kerry Planer
{"title":"庇护城市:非法移民逍遥法外的原因?","authors":"Kerry Planer","doi":"10.2139/ssrn.1584407","DOIUrl":null,"url":null,"abstract":"The question remains: what is preventing authorities from following federal legislation? Likewise, where does the system fail, allowing for criminal aliens to escape deportation? It is no coincidence that these crimes occurred in cities and towns that promote sanctuary policies. Sanctuary cities prevent the adequate cohesion between local law enforcement and federal officials. In Section II, this note will discuss what sanctuary cities are and how and why they are created. Next, section III will detail the history of immigration legislation in the United States, pre- and post-9/11. Section IV will then analyze why federal legislation and immigration laws preempt sanctuary city policies and will look at the case law that supports the preemption. Section V discusses the harms of sanctuary cities, focusing specifically upon the vast amount of crimes occurring at the hands of illegal aliens, including gang crime and sex offenses. It will center on why sanctuary cities, through their passive measures, permit illegal immigrants to continue violating criminal laws in addition to being here illegally. The fact that many criminal illegal immigrants are repeat offenders, once subject to the hands of the authorities, compels the public to ask how this happens. This section will also examine the arrest procedure of an illegal immigrant and what should happen at the state and local level. And finally, Section VI and VII examine possible solutions to prevent criminal aliens from slipping through the cracks of the legal system and harming American citizens. This note does not attempt to discuss a possible solution to the illegal immigration problem that the country faces, but focuses more on illegal immigrants who are committing crimes over and over again, in part because they are not being reported to ICE, are not being denied bail, and ICE and state and local authorities are not provided with the appropriate resources and funding to handle such a tremendous amount of illegal immigrant cases.","PeriodicalId":81320,"journal":{"name":"Georgetown immigration law journal","volume":"8 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2010-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Sanctuary Cities: The Reason Illegal Aliens are Getting Away with Crimes?\",\"authors\":\"Kerry Planer\",\"doi\":\"10.2139/ssrn.1584407\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The question remains: what is preventing authorities from following federal legislation? Likewise, where does the system fail, allowing for criminal aliens to escape deportation? It is no coincidence that these crimes occurred in cities and towns that promote sanctuary policies. Sanctuary cities prevent the adequate cohesion between local law enforcement and federal officials. In Section II, this note will discuss what sanctuary cities are and how and why they are created. Next, section III will detail the history of immigration legislation in the United States, pre- and post-9/11. Section IV will then analyze why federal legislation and immigration laws preempt sanctuary city policies and will look at the case law that supports the preemption. Section V discusses the harms of sanctuary cities, focusing specifically upon the vast amount of crimes occurring at the hands of illegal aliens, including gang crime and sex offenses. It will center on why sanctuary cities, through their passive measures, permit illegal immigrants to continue violating criminal laws in addition to being here illegally. The fact that many criminal illegal immigrants are repeat offenders, once subject to the hands of the authorities, compels the public to ask how this happens. This section will also examine the arrest procedure of an illegal immigrant and what should happen at the state and local level. And finally, Section VI and VII examine possible solutions to prevent criminal aliens from slipping through the cracks of the legal system and harming American citizens. This note does not attempt to discuss a possible solution to the illegal immigration problem that the country faces, but focuses more on illegal immigrants who are committing crimes over and over again, in part because they are not being reported to ICE, are not being denied bail, and ICE and state and local authorities are not provided with the appropriate resources and funding to handle such a tremendous amount of illegal immigrant cases.\",\"PeriodicalId\":81320,\"journal\":{\"name\":\"Georgetown immigration law journal\",\"volume\":\"8 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2010-04-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Georgetown immigration law journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.1584407\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Georgetown immigration law journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.1584407","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

问题仍然存在:是什么阻碍了当局遵循联邦立法?同样的,这个系统哪里出了问题,允许犯罪的外国人逃脱驱逐?这些犯罪发生在推行庇护政策的城镇并非巧合。庇护城市阻碍了地方执法部门和联邦官员之间的充分团结。在第二部分,本文将讨论什么是庇护城市,以及如何以及为什么要创建它们。接下来,第三部分将详细介绍9/11之前和之后美国移民立法的历史。第四部分将分析为什么联邦立法和移民法优先于庇护城市政策,并将研究支持优先的判例法。第五节讨论庇护城市的危害,特别侧重于非法外国人手中发生的大量犯罪,包括帮派犯罪和性犯罪。它将集中讨论为什么庇护城市通过被动措施,允许非法移民除了非法居留之外,继续违反刑法。事实上,许多非法移民犯罪是惯犯,一旦受到当局的控制,迫使公众问这是怎么发生的。本节还将审查非法移民的逮捕程序以及在州和地方一级应采取的措施。最后,第六节和第七节探讨了防止犯罪外国人从法律体系的漏洞中钻出来伤害美国公民的可能解决方案。本文并不试图讨论解决美国面临的非法移民问题的可能方案,而是更多地关注那些一次又一次犯罪的非法移民,部分原因是他们没有被报告给ICE,也没有被拒绝保释,而且ICE以及州和地方当局没有提供适当的资源和资金来处理如此庞大的非法移民案件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Sanctuary Cities: The Reason Illegal Aliens are Getting Away with Crimes?
The question remains: what is preventing authorities from following federal legislation? Likewise, where does the system fail, allowing for criminal aliens to escape deportation? It is no coincidence that these crimes occurred in cities and towns that promote sanctuary policies. Sanctuary cities prevent the adequate cohesion between local law enforcement and federal officials. In Section II, this note will discuss what sanctuary cities are and how and why they are created. Next, section III will detail the history of immigration legislation in the United States, pre- and post-9/11. Section IV will then analyze why federal legislation and immigration laws preempt sanctuary city policies and will look at the case law that supports the preemption. Section V discusses the harms of sanctuary cities, focusing specifically upon the vast amount of crimes occurring at the hands of illegal aliens, including gang crime and sex offenses. It will center on why sanctuary cities, through their passive measures, permit illegal immigrants to continue violating criminal laws in addition to being here illegally. The fact that many criminal illegal immigrants are repeat offenders, once subject to the hands of the authorities, compels the public to ask how this happens. This section will also examine the arrest procedure of an illegal immigrant and what should happen at the state and local level. And finally, Section VI and VII examine possible solutions to prevent criminal aliens from slipping through the cracks of the legal system and harming American citizens. This note does not attempt to discuss a possible solution to the illegal immigration problem that the country faces, but focuses more on illegal immigrants who are committing crimes over and over again, in part because they are not being reported to ICE, are not being denied bail, and ICE and state and local authorities are not provided with the appropriate resources and funding to handle such a tremendous amount of illegal immigrant cases.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信