The unconstitutionality of nonuniform immigration consequences of "aggravated felony" convictions

Authors
Citation
I. Bennett, The unconstitutionality of nonuniform immigration consequences of "aggravated felony" convictions, NY U LAW RE, 74(6), 1999, pp. 1696-1740
Citations number
33
Categorie Soggetti
Law
Journal title
NEW YORK UNIVERSITY LAW REVIEW
ISSN journal
00287881 → ACNP
Volume
74
Issue
6
Year of publication
1999
Pages
1696 - 1740
Database
ISI
SICI code
0028-7881(199912)74:6<1696:TUONIC>2.0.ZU;2-G
Abstract
In this Note Iris Bennett analyzes the "aggravated felony" provision of the Immigration and Nationality Act, which requires the deportation of nonciti zens convicted of a number of crimes under federal or state law. Bennett di scusses the implications of the provision in light of the Constitution's Na turalization Clause, which requires a "uniform Rule." She argues that the a ggravated felony provision, as amended in 1996 by the Antiterrorism and Eff ective Death Penalty Act and the Illegal Immigration Reform and Immigrant R esponsibility Act, results in nonuniform immigration consequences for state criminal convictions because of varying state standards and definitions. A fter surveying courts' treatment of the constitutional provisions for unifo rmity in immigration taxation, and bankruptcy law, Bennett demonstrates tha t the jurisprudence of the uniformity requirement in immigration law is in need of further elaboration. She argues that the Naturalization Clause requ ires that the operation of immigration law not vary, based on differences i n state law and proposes a doctrinal model of constitutional uniformity for courts confronting this issue.