Deportations, Removals and the 1996 Immigration Acts: A Modern Look at the Ex Post Facto Clause


The article addresses the punitive aspects of the deportation procedures as impacted by the 1996 Immigration Acts. When faced with the precedents in the field, that deportation is a civil procedure, federal courts conclude that the Ex Post Facto Clause does not apply. However, the article draws upon common law and other historical bases for the conclusion that a modern view should hold that conviction-related removals are punitive and subject to ex post facto analysis.


Constitutional Law | Criminal Law | Criminal Procedure | Immigration Law | Legal History

Date of this Version

April 2004