Abstract
This Essay examines the evolving landscape of immigration enforcement within the broader context of federal confinement in the United States. The current “crisis” at the southern border, characterized by historic levels of migrant influx and shifting political tides toward restrictionism, underscores the federal government’s increasing emphasis on confinement as a tool of migration control. Furthermore, this Essay argues the need to conceptualize federal confinement as a unified system encompassing both immigration detention and incarceration, which reveals the extent to which immigration has become a dominant factor in federal custody. Drawing on data and analysis, it demonstrates that immigration-related offenses now constitute a significant portion of federal confinement, second only to drug offenses. The Essay argues that unless this trend is reversed, it will lead to a deepening of the federal government’s role as a warden of immigrants, with implications on both immigration and criminal justice policy.
Recommended Citation
Pedro Gerson,
The Federal Government’s Role as the Warden of Immigrants,
103 Neb. L. Rev. 45
()
Available at: https://digitalcommons.unl.edu/nlr/vol103/iss1/4