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Unpublished Paper
The Legitimacy of Crimmigration Law
ExpressO (2013)
  • Juliet P Stumpf
Abstract
Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been hailed as the lynchpin for successful political compromise on immigration reform. Yet crimmigration law’s unprecedented approach to interior immigration and criminal law enforcement threatens to undermine public belief in the fairness of immigration law. This Article uses pioneering social science research to explore people’s perceptions of the legitimacy of crimmigration law. According to Tom Tyler and other compliance scholars, perceptions about procedural justice—whether people perceive authorities as acting fairly—are often more important than a favorable outcome such as winning the case or avoiding arrest. Legal scholarship has all but overlooked the import of psychological jurisprudence studies for crimmigration law. This Article applies specific criteria that jurisprudential psychologists have shown influence people’s perceptions about justice. It predicts that the current approach to immigration enforcement, with its heavy and expensive reliance on sanctions, heightened enforcement, and slim procedural protections, may over time undermine perceptions about the legitimacy of immigration law.
Keywords
  • Immigration,
  • crimmigration,
  • psychology,
  • psychological jurisprudence,
  • immigration reform,
  • law enforcement,
  • procedural justice,
  • compliance
Publication Date
August 27, 2013
Citation Information
Juliet P Stumpf. "The Legitimacy of Crimmigration Law" ExpressO (2013)
Available at: http://works.bepress.com/juliet_stumpf/5/