In addition, the most of the noncitizen offenders are not represent during their immigration proceedings. As pointed out by Guild and Minderhoud (2006) many of them are kept in Immigration and Customs Enforcement (ICE) facilities in the course of their proceedings.When noncitizen commits crime, an aggravated crime he may be deported. As explained by Guild and Minderhoud (2006) the effect of an aggravated crime conviction differ for those staying in the US both legally and illegally. For legal immigrants, an aggravated crime conviction is basis for deportation Guild and Minderhoud (2006). Therefore, any person who has been legally living in the US will be put in deportation proceedings and arraigned with deportation if the person is convicted of a crime that is classified as aggravated offense. This implies that legally permanent citizens for example those with green cards and refuges will certainly face deportation if found guilty of an aggravated offense.Nonetheless, the immigration laws stipulates for a special process referred to ‘expedited removal of aggravated offenses.’ Any noncitizen who is not legally residing in the US and who has been convicted of aggravated rime can be ‘expeditiously deported’ (Galina, 2010). Supposing the ICE officers execute the option to apply this process, the individual will not be given a hearing before the immigration judge; instead the ICE in this case issues an ‘unreviewable’ instruction of deportation, and the individual will not be given any type of ‘relief from deportation.’ The result of this continued focus on criminal immigration enforcement, taken by the criminal justice system in relation to immigration has been under examined.Immigration and criminal law experts have provided varying interpretation regarding the criminal justice system and its relationship to immigration enforcement. As observed by Eagly (2010) on the, on the criminal law side, law experts have taken an antiformalist analytic position, where they focus on the disjuncture existing between the criminal system and the criminal law’s doctrinal principles. Experts have written on the way the actuality of procedural protections. Scholars in this field of law have stressed race and class inequality in the criminal justice system, but have failed to give noncitizens defendants any form
Eagly, I (2010).Prosecuting Immigration; 104 NW. U. L. REV. 1281
Galina, C (2010). Immigration detention and human rights: rethinking territorial Sovereignty: Martinus Nijhoff Publishers
Guild, E and Minderhoud, P (2006): (Edited). Immigration and Criminal Law in the European Union: The Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and Smuggling in Human Beings; Immigration and Asylum Law and Policy in Europe No.9.
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