Clinical Professor Michael Wishnie argues, in remarks to be published in a forthcoming issue of the Pittsburgh Law Review, that removal orders ought to be subject to proportionality review by federal courts -- and that in appropriate cases, removal should be forbidden as grossly disproportionate to the gravity of the offense. Further, recent court cases dealing with state and local attempts to regulate immigration illustrate the role federal courts can play while waiting for Congress to engage over a national policy. That is, federal courts can check some of the harsher results of local and state policies and simultaneously reserve a place for Congress to legislate.
Further Reading:
ABA Report on Reforming the Immigration System
Darrell M. West, Brain Gain: Rethinking U.S. Immigration Policy.
Eduard Richard, Acadia: Missing Links of a Lost Chapter in American History.
Steven G. Kovan et al., American Immigration Policy: Confronting the Nation's Challenges.
