Discussing “Decriminalizing Border Crossings” by Victor Romero

2. “On Borders and Crimes” by Victor Romero

March 3rd, 2012

1. “Reflections on Professor Romero’s Insight on the Decriminalization of Border Crossings” by Won Kidane

February 3rd, 2012

Immigration jurisprudence has had a love-hate relationship with criminal jurisprudence since at least the Chinese Exclusion case.[1]  That is largely because of sovereign convenience.  If deportation is considered a criminal punishment, a full range of constitutional protections would hamper the sovereign’s ability to unlawfully search and seize,

“Decriminalizing Border Crossings” by Victor Romero

February 3rd, 2012

An international border crosser should only be deemed a criminal if the United States government can prove that, with requisite criminal intent, she engaged in an act aside from crossing the border that would constitute a crime.  No longer should crossing the border be a strict liability criminal offense.