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Winner, 2020 Best Book Award, Law Category, given by the American
Book Fest Examines immigration enforcement and discretion during
the first eighteen months of the Trump administration Within days
of taking office, President Donald J. Trump published or announced
changes to immigration law and policy. These changes have
profoundly shaken the lives and well-being of immigrants and their
families, many of whom have been here for decades, and affected the
work of the attorneys and advocates who represent or are themselves
part of the immigrant community. Banned examines the tool of
discretion, or the choice a government has to protect, detain, or
deport immigrants, and describes how the Trump administration has
wielded this tool in creating and executing its immigration policy.
Banned combines personal interviews, immigration law, policy
analysis, and case studies to answer the following questions: (1)
what does immigration enforcement and discretion look like in the
time of Trump? (2) who is affected by changes to immigration
enforcement and discretion?; (3) how have individuals and families
affected by immigration enforcement under President Trump changed
their own perceptions about the future?; and (4) how do those
informed about immigration enforcement and discretion describe the
current state of affairs and perceive the future? Shoba Sivaprasad
Wadhia pairs the contents of these interviews with a robust
analysis of immigration enforcement and discretion during the first
eighteen months of the Trump administration and offers
recommendations for moving forward. The story of immigration and
the role immigrants play in the United States is significant. The
government has the tools to treat those seeking admission, refuge,
or opportunity in the United States humanely. Banned offers a
passionate reminder of the responsibility we all have to protect
America's identity as a nation of immigrants.
The first book to comprehensively describe the history, theory, and
application of prosecutorial discretion in immigration law When
Beatles star John Lennon faced deportation from the U.S. in the
1970s, his lawyer Leon Wildes made a groundbreaking argument. He
argued that Lennon should be granted "nonpriority" status pursuant
to INS's (now DHS's) policy of prosecutorial discretion. In U.S.
immigration law, the agency exercises prosecutorial discretion
favorably when it refrains from enforcing the full scope of
immigration law. A prosecutorial discretion grant is important to
an agency seeking to focus its priorities on the "truly dangerous"
in order to conserve resources and to bring compassion into
immigration enforcement. The Lennon case marked the first moment
that the immigration agency's prosecutorial discretion policy
became public knowledge. Today, the concept of prosecutorial
discretion is more widely known in light of the Obama
Administration's Deferred Action for Childhood Arrivals or DACA
program, a record number of deportations and a stalemate in
Congress to move immigration reform. Beyond Deportation is the
first book to comprehensively describe the history, theory, and
application of prosecutorial discretion in immigration law. It
provides a rich history of the role of prosecutorial discretion in
the immigration system and unveils the powerful role it plays in
protecting individuals from deportation and saving the government
resources. Shoba Sivaprasad Wadhia draws on her years of experience
as an immigration attorney, policy leader, and law professor to
advocate for a bolder standard on prosecutorial discretion, greater
mechanisms for accountability when such standards are ignored,
improved transparency about the cases involving prosecutorial
discretion, and recognition of "deferred action" in the law as a
formal benefit.
Winner, 2020 Best Book Award, Law Category, given by the American
Book Fest Examines immigration enforcement and discretion during
the first eighteen months of the Trump administration Within days
of taking office, President Donald J. Trump published or announced
changes to immigration law and policy. These changes have
profoundly shaken the lives and well-being of immigrants and their
families, many of whom have been here for decades, and affected the
work of the attorneys and advocates who represent or are themselves
part of the immigrant community. Banned examines the tool of
discretion, or the choice a government has to protect, detain, or
deport immigrants, and describes how the Trump administration has
wielded this tool in creating and executing its immigration policy.
Banned combines personal interviews, immigration law, policy
analysis, and case studies to answer the following questions: (1)
what does immigration enforcement and discretion look like in the
time of Trump? (2) who is affected by changes to immigration
enforcement and discretion?; (3) how have individuals and families
affected by immigration enforcement under President Trump changed
their own perceptions about the future?; and (4) how do those
informed about immigration enforcement and discretion describe the
current state of affairs and perceive the future? Shoba Sivaprasad
Wadhia pairs the contents of these interviews with a robust
analysis of immigration enforcement and discretion during the first
eighteen months of the Trump administration and offers
recommendations for moving forward. The story of immigration and
the role immigrants play in the United States is significant. The
government has the tools to treat those seeking admission, refuge,
or opportunity in the United States humanely. Banned offers a
passionate reminder of the responsibility we all have to protect
America's identity as a nation of immigrants.
The first book to comprehensively describe the history, theory, and
application of prosecutorial discretion in immigration law When
Beatles star John Lennon faced deportation from the U.S. in the
1970s, his lawyer Leon Wildes made a groundbreaking argument. He
argued that Lennon should be granted "nonpriority" status pursuant
to INS's (now DHS's) policy of prosecutorial discretion. In U.S.
immigration law, the agency exercises prosecutorial discretion
favorably when it refrains from enforcing the full scope of
immigration law. A prosecutorial discretion grant is important to
an agency seeking to focus its priorities on the "truly dangerous"
in order to conserve resources and to bring compassion into
immigration enforcement. The Lennon case marked the first moment
that the immigration agency's prosecutorial discretion policy
became public knowledge. Today, the concept of prosecutorial
discretion is more widely known in light of the Obama
Administration's Deferred Action for Childhood Arrivals or DACA
program, a record number of deportations and a stalemate in
Congress to move immigration reform. Beyond Deportation is the
first book to comprehensively describe the history, theory, and
application of prosecutorial discretion in immigration law. It
provides a rich history of the role of prosecutorial discretion in
the immigration system and unveils the powerful role it plays in
protecting individuals from deportation and saving the government
resources. Shoba Sivaprasad Wadhia draws on her years of experience
as an immigration attorney, policy leader, and law professor to
advocate for a bolder standard on prosecutorial discretion, greater
mechanisms for accountability when such standards are ignored,
improved transparency about the cases involving prosecutorial
discretion, and recognition of "deferred action" in the law as a
formal benefit.
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