Much of the current commentary and scholarship on immigration law is based on a complete falsehood. That pernicious fiction holds that aliens in deportation proceedings are being “tried” for an offense and – if convicted – punished through removal from the United States. However, as matters of both fact and law, nothing could be further from the truth. In reality, as the Supreme Court of the United States (SCOTUS) has repeatedly held, deportation is not punishment. Rather, it is simply the process of returning aliens who do not have authorization to be in the United States to their home country, where they possess full rights of residence. The SCOTUS first opined on the nature of de
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