This article examines the issue of alien convicts being sentenced to deportation. The author begins by discussing the existing law and the specific ways in which Congress has delegated the authority, to the sentencing judge, to predetermine whether the alien convict will be deported. Next the author examines the propriety of deporting an alien who is already subject to criminal sanctions for the same criminal conduct and when such an additional sanction is justifiable. Finally the author addresses the problems with the current law and proposes ways it could be fixed by Congress, judges, and attorneys.
Stephen H. Legomsky,
The Alien Criminal Defendant: Sentencing Considerations,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol15/iss1/9