Document Type

Working Paper

Publication Date

12-12-2019

SSRN Discipline

PSN Subject Matter eJournals; Psychology (Forthcoming); Legal Anthropology eJournals; LSN Subject Matter eJournals; Financial Economics Network; CJRN Subject Matter eJournals; Political Behavior eJournals; Economics Research Network; Legal Scholarship Network; Criminal Law & Procedure eJournals; Law & Society eJournals; Law & Society: Public Law eJournals; AARN Subject Matter eJournals; Criminal Justice Research Network; Cognitive Science Network; Political Science Network; Anthropology & Archaeology Research Network

Abstract

Recidivism rates for individuals who are convicted of illegal entry and reentry USC §§ 1325 and 1326 are quite high despite postsentencing deportations The "holistic defense" model developed in New York City at the Neighborhood Defender Services and Bronx Defenders has been instrumental in achieving better outcomes for criminal defendants and their communities in large part due to an emphasis on reentry or reintegration services for defendants being released from incarceration However that model is difficult to implement when applied to noncitizen defendants who are to be deported This Article argues that some attention to reentry services for deportable noncitizen defendants improves outcomes for the individual defendants and the communities they are prosecuted in Deportable noncitizen inmates housed in United States Bureau of Prison facilities are provided fewer educational opportunities and minimal access to drug treatment They are ineligible for placement in residential reentry centers Often noncitizens have 1020 grown up in the United States and have limited connections to their "home countries" The majority are deported to homelessness in Mexican cities along the United States border Some defendants are not fluent in Spanish and many defendants lack legal Mexican identificationmaking it nearly impossible to find work in the communities to which they have been deported This problem will only grow if deportation rates continue to rise This Article suggests policy changes and data collection strategies to ameliorate the difficulties that noncitizen defendants face upon postsentencing deportation with an eye towards improving recidivism rates and keeping communities safer

Download

Share

COinS