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2011•SSRN Electronic JournalOpen access

U.S. Government Unlawfully Detaining and Deporting U.S. Citizens as Aliens

Jacqueline Stevens

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Abstract

This Article presents original research on the rate at which Immigration and Customs Enforcement (ICE) is detaining and deporting U.S. citizens, even though ICE has no jurisdiction over U.S. citizens. The article provides legal, historical, constitutional, and public policy analyses of these actions, and presents several case studies. The penultimate section evaluates, through a historical analysis of family law, the jurisprudence of recent Ninth Circuit decisions on acquired U.S. citizenship claims. The conclusion offers recommendations for changes in policy and procedures to end the unlawful practice of deporting and detaining U.S. citizens.

About this research paper

What this paper is about

This Article presents original research on the rate at which Immigration and Customs Enforcement (ICE) is detaining and deporting U.S. citizens, even though ICE has no jurisdiction over U.S. citizens. The article provides legal, historical, constitutional, and public policy analyses of these actions, and presents several case studies. The penultimate section evaluates, through a historical analysis of family law, the jurisprudence of recent Ninth Circuit decisions on acquired U.S. citizenship claims. The conclusion offers recommendations for changes in policy and procedures to end the unlawful practice of deporting and detaining U.S. citizens.

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OpenAlex reports 45 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

This Article presents original research on the rate at which Immigration and Customs Enforcement (ICE) is detaining and deporting U.S. citizens, even though ICE has no jurisdiction over U.S. citizens. The article provides legal, historical, constitutional, and public policy analyses of these actions, and presents several case studies. The penultimate section evaluates, through a historical analysis of family law, the jurisprudence of recent Ninth Circuit decisions on acquired U.S. citizenship claims. The conclusion offers recommendations for changes in policy and procedures to end the unlawful practice of deporting and detaining U.S. citizens.

Key concepts: Citizenship, Ninth, Jurisprudence, Enforcement, Jurisdiction, Political science, Law, Immigration

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