The Immigration Law Death Penalty - by Sarah Tosh (Paperback)

About the Book

"Through an examination of the historical development and contemporary outcomes of the "aggravated felony" category of deportable crimes, From Criminalization to Deportation provides new understanding of the ways that criminal justice system inequities are reproduced through processes of immigration enforcement and deportation. The severe, expansive, and racially disparate outcomes of the aggravated felony are met with innovative legal responses, bolstered by networks of community-based resistance-with key implications for those concerned with creating equal systems of justice and protecting the rights of immigrants nationwide"--

Book Synopsis

Traces the role of the aggravated felony in today's deportation regime

In immigration courts across America, a non-citizen convicted of an "aggravated felony" will almost certainly face deportation with no access to asylum. However, despite the ominous-sounding name, aggravated felonies need not be either "aggravated" or "felonies." The term encompasses more than thirty offenses, ranging from check fraud and shoplifting to filing a false tax return. The recent expansion in the list of such offenses has resulted in astronomical rates of deportation.

This book chronicles the rise of the use of the aggravated felony, known by lawyers as the "immigration law death penalty," to criminalize and then deport immigrants. Immigrants convicted of aggravated felonies are subject to mandatory detention and almost certain deportation--and are ineligible for almost all forms of legal relief from removal. Furthermore, immigrants convicted of aggravated felonies can be detained for months or even years without bond, are not guaranteed lawyers, and can even be deported without an opportunity to plead their case in court. Sarah Tosh provides the first in-depth understanding of how aggravated felonies have been used to deport thousands of documented and undocumented immigrants and how the severe, expansive, and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance. The Immigration Law Death Penalty is an urgent read for anyone committed to protecting the rights of immigrants nationwide.

Review Quotes

"A powerful and illuminating in-depth examination of the history, politics, and social factors behind the 'aggravated felony' legal category. Tosh's rich analysis deconstructs this invented category, laying bare how it operates as a mechanism to funnel racialized immigrants to deportation. Tosh's original charting of lawyers' and advocates' creative strategies to get around the most detrimental effects of the aggravated felony also seeds hope for pushing back against inherently discriminatory and unjust criminal and immigration laws. Invaluable."-- "Nancy Hiemstra, author of Detain and Deport: The Chaotic U.S. Immigration Enforcement Regime"

"Due to the aggravated felony provisions of US immigration law, a legal permanent resident of the United States convicted of a crime--that is neither severe nor even a felony--can be deported with no due process. Despite the severity of these provisions and the fact that tens of thousands of legal permanent residents have been deported under these provisions, few people have heard of aggravated felonies. This theoretically rich and deeply researched book brings aggravated felony provisions from the shadows to the spotlight. Sarah Tosh makes a cogent case that we need to abolish these racially biased and harmful provisions. This book is indispensable for any student or scholar of immigration or critical race theory."-- "Tanya Golash - Boza, author of Deported: Immigrant Policing, Disposable Labor, and Global Capitalism"

"In immigration law today, there is nothing more harmful to migrants than having ICE throw two words in their direction: aggravated felony. Looking well past the legal arguments, Tosh turns the aggravated felony from a technical legal concept to real-life anxiety. Through immigration court observations and interviews, Tosh shows the damning impact of adding immigration consequences to criminal legal processes, revealing the modern immigration law system's reliance on criminal history to be rife with bias and short on justice. But through it all, Tosh also finds passionate advocates whose strategic thinking slows ICE's efforts--and sometimes even carries the day for migrants."-- "César Cuauhtémoc García Hernández, author of Migrating to Prison: America's Obsession with Locking Up Immigrants"

"Through extensive interviews and direct observations, Tosh exposes the injustices at the heart of the American deportation regime and the strategies of legal resistance mobilized to resist it."-- "Alex S. Vitale, author of The End of Policing"

"Tosh finds that the resulting severe and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance."-- "Law & Social Inquiry"

"It is imperative to understand, analyze, and contextualize Sarah Tosh's important work within past and present perspectives on immigration + crime (crimmigration) at both state and individual levels."-- "Criminal Law and Criminal Justice Books"

About the Author

Sarah Tosh is Assistant Professor in the Department of Sociology, Anthropology, and Criminal Justice at Rutgers University-Camden.