Immigration Article of the Day: The Magna Carta, Jarkesy, and the Constitutional Jury Requirement in Crime-Based Deportation by Linus Chan & Hans Frank-Holzner

The Magna Carta, Jarkesy, and the Constitutional Jury Requirement in Crime-Based Deportation by Linus Chan & Hans Frank-Holzner, 105 Boston University Law Review 1581 (2025)

Abstract

Provided that deportation is a civil process, the constitutionally relevant  question is whether crime-based deportation is seeking to punish (even if civilly). And if so, does a jury need to be involved? Part I discusses the Jarkesy decision and how the Supreme Court focused its analysis on the punitive nature  of the civil penalties imposed. Part II describes how crime-based deportation,  even if a “civil” process, is nonetheless a punitive sanction that implicates the  Seventh Amendment. Part III finally addresses Jarkesy’s citation to immigration  as one of the public rights exceptions and argues that the exception does not apply to deportation.