As a low-risk immigrant, Julian was a law-abiding member of his community, hoping to build a career as a real estate agent before his encounter with ICE. He was not a criminal. Not only did he not deserve to be in chains, but his eventual incarceration while awaiting an immigration hearing was a waste of taxpayer resources and entirely unnecessary for maintaining public safety. The criminal justice system would almost certainly release someone classified as a double low-risk designee. This instance of punitive bias in immigration detention is not a new phenomenon in Trump’s amplification of biases in risk assessment tools. Instead, such penalties are deeply rooted in the foundation of immigration law related to the carceral state.

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Constructing a Punitive Structure in Immigration Law

  • Robert Koulish,
  • Ernesto Calvo

摘要

As a low-risk immigrant, Julian was a law-abiding member of his community, hoping to build a career as a real estate agent before his encounter with ICE. He was not a criminal. Not only did he not deserve to be in chains, but his eventual incarceration while awaiting an immigration hearing was a waste of taxpayer resources and entirely unnecessary for maintaining public safety. The criminal justice system would almost certainly release someone classified as a double low-risk designee. This instance of punitive bias in immigration detention is not a new phenomenon in Trump’s amplification of biases in risk assessment tools. Instead, such penalties are deeply rooted in the foundation of immigration law related to the carceral state.