TOL Brief: Can deportation be punishment for a crime? With Judge Andrew Napolitano.


Say you’ve committed a crime, the prosecution wants to put you in jail, BUT could they simply deport you instead? Judge Andrew Napolitano explains the constitutional guidelines as well as what happens to felons who lack status.

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TRANSCRIPT

Transcript.

Judge Andrew Napolitano here. Can deportation serve as a punishment for the violation of federal criminal law?

The short answer is “No,” but it can be a consequence of the violation of criminal law. Stated differently, the punishment for the violation of criminal law must be the same whether you are a citizen or not a citizen - whether you are here lawfully or whether you are not here lawfully. But you can suffer other civil disabilities depending on your status. So if you are an immigrant from another country who is not here lawfully and you commit a crime, you will be tried, prosecuted, and punished for the crime It will also trigger deportation. Deportation is not considered the criminal punishment. If it were considered the criminal punishment, the Supreme Court has said it would violate the “Cruel and Unusual” clause of the Eighth Amendment, because deportation is a civil proceeding. It’s not a criminal one.

Judge Andrew Napolitano here. Thank you for watching TalksOnLaw.

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