Perfecting Public Immigration Legislation: Private Immigration Bills and Deportable Lawful Permanent Residents

Abstract

[Excerpt] This article examines why the historical relationship between immigration law and private bills has not continued following the enactment of the 1996 immigration laws for any of the affected immigrant groups. The article focuses on LPRs with criminal convictions in particular because their likelihood of deportation has increased dramatically as their access to executive discretion to avoid deportation has decreased. Since 1996, even if an LPR has lived in the United States since childhood, she can be subject to mandatory deportation for almost any criminal conviction – including misdemeanors, such as shoplifting or a bar fight. Since 1996, it is much more likely that an LPR with only one conviction will be subject to deportation and that someone subject to deportation pursuant to a criminal conviction will be barred from access to executive discretion. Despite these increases in the likelihood of deportability and severe restrictions in executive discretion, only one person with a criminal conviction has benefited from a private bill since 1996.