The Slow Violence of Immigration Court: Procedural Justice on Trial

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NYU Press, Mar 14, 2023 - Law - 240 pages

The arduous, confusing and fraught journey that immigrants take through immigration court

Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court sheds light on the experiences of migrants from the “Northern Triangle” (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, immigration court, and the immigration system writ large.

Grounded in the illuminating stories of people facing deportation, the family members who support them, and the attorneys who defend them, The Slow Violence of Immigration Court invites readers to question matters of fairness and justice and the fear of living with the threat of deportation. Although the spectacle of violence created by family separation and deportation is perceived as extreme and unprecedented, these long legal proceedings are masked in the mundane and are often overlooked, ignored, and excused. In an urgent call to action, Maya Pagni Barak deftly demonstrates that deportation and family separation are not abhorrent anomalies, but are a routine, slow form of violence at the heart of the U.S. immigration system.

 

Contents

Introduction
1
Modern Day Deportation
15
Justice and Immigration Court
36
Tracing Immigrant Legal Consciousness
61
Who Says the Court Cant Be Fair? 5 Deportation Hearings Legitimacy and the Rule of Law 81 103
81
The Case for Substantive Justice
123
Copyright

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About the author (2023)

Maya Pagni Barak is Associate Professor of Criminology and Criminal Justice and an affiliate of Women’s and Gender Studies at the University of Michigan-Dearborn. She is the author of The Slow Violence of Immigration Court: Procedural Justice on Trial

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