A new approach to deportation

Washingtonians are surrounded by the vast聽enforcement infrastructure of current U.S. immigration聽policy:聽

A聽stone鈥檚 throw west of the Puyallup River in Tacoma, Washington,聽one of the West Coast鈥檚 largest immigration detention centers聽holds聽1,650 people on any given day. Just south of downtown Seattle,鈥疜ing County International Airport made聽national headlines by halting Immigration and Customs Enforcement deportation flights this spring聽鈥斅爅ust as聽麻豆社区 researchers聽revealed聽聽through聽the聽transportation hub in the聽past聽decade.听聽

And for thousands of the state鈥檚 migrants 鈥斅爑ndocumented or not 鈥 the threat of deportation remains a constant dark cloud hanging overhead.鈥

滨苍听, forthcoming with the UCLA Law Review,聽Ang茅lica聽Ch谩zaro, University of Washington Assistant Professor of Law, takes aim at key鈥痯remises of U.S. immigration policy聽and聽challenges Americans to set sights on a remarkably different聽approach to immigration聽鈥斅爋ne聽that abolishes deportation as an enforcement practice.鈥

鈥淭here is an opportunity during the Trump era, which has taken attacks on immigrants to new extremes, to explore what it might look like to actually stop these attacks altogether rather than managing the violence of deportation, which has traditionally been the approach,鈥澛燙h谩zaro聽said.听

鈥淲e鈥檝e come to accept as common sense that deportation is a necessary feature of immigration policy, leaving many of us in the legal community debating in what instances and against whom does deportation become a disproportionate and illegitimate act of聽harm and violence. But what if we didn鈥檛 have to fight these fights and instead approached immigration in a way that didn鈥檛 require deportation as a penalty?鈥澛

The paper, 鈥,鈥 tackles what聽Ch谩zaro聽outlines as two major pillars supporting the view for the necessity of deportation 鈥 the beliefs that deportation is needed to maintain social control over noncitizen populations admitted to the country and to maintain U.S. borders.

鈥淲hat if we were able to approach each other in ways that didn鈥檛 require us to cage people to deal with our social problems?鈥

鈥 Ang茅lica Ch谩zaro

Ch谩zaro聽points out that justifying deportation through a lens of social and border control has limitations and exemplifies discomforting patterns from American history.听She argues that the forms of racism that powered Asian exclusion laws in the late 19th聽and early 20th聽century, as well as聽the growth of mass incarceration in the past聽40聽years,聽continue to resonate in policies built on the idea of immigrants as inherently "criminal."鈥

One central premise to聽Ch谩zaro鈥檚聽approach is simple: Deportation in and of itself is聽violent.听She says that on its own, splitting up families and communities open deep wounds, and the cases of physical abuses in detention centers and beyond only adds to the violence.听

The Trump Administration鈥檚聽聽has brought particular attention to controversial actions taken in the enforcement of federal immigration policy.听

鈥淒espite the fact that during the Obama Administration we saw more deportations than under any previous presidency, there was still this idea that you could have a 鈥榝air鈥 deportation or 鈥榟umane鈥 detention 鈥 even while ICE agents on the ground were still engaging in abuses,鈥澛燙h谩zaro聽said. 鈥淲ith the Trump Administration, we see a match between the actions taken by agents on the ground and the rhetoric coming from the top.鈥澛

鈥淚n many ways, it鈥檚 been an unmasking of what was already happening.鈥澛

So, what would deportation abolition actually look like?聽Ch谩zaro聽said that this is an approach rather than just an endpoint.听

Measures like abolishing gang databases, amending laws to end criminal liability for border crossing聽and engaging in efforts like those which resulted in聽King County Executive Airport鈥檚 stoppage of ICE flights聽鈥斅燙h谩zaro聽said聽these are the kinds of reforms that can change lives today as leaders in the United States change their approach聽to immigration policy.听

鈥淚t鈥檚 similar to the prison abolition efforts in that people tend to dismiss the idea out of hand when they鈥檝e never heard about it,鈥澛燙h谩zaro聽said.听聽

鈥淏ut when you think about it differently 鈥 what if we were able to approach each other in ways that didn鈥檛 require us to cage people to deal with our social problems? 鈥 it can make all the difference, and I think universities have a very unique role to play in being able to both gather information and be thought-leaders on alternatives.鈥澛


Read 鈥溾 on聽.听For more of Angelica聽Chazaro鈥檚聽scholarly work, visit聽her 麻豆社区 Law faculty page.听