Publication:
Civil restitution as an objective of Department of Homeland Security Mission 3

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Authors
Calcaño, Niurka Y.
Subjects
Illegal Re-Entry
Criminal Non-Citizens
Civil Restitution
Criminal Immigration Recidivism
Immigration Enforcement
DHS Mission 3
Advisors
Moghaddam, Fathali
Date of Issue
2014-06
Date
Jun-14
Publisher
Monterey, California: Naval Postgraduate School
Language
Abstract
Rates of illegal immigration recidivism by previously convicted and removed noncitizens—criminal immigration recidivists—are disconcerting. Enforcement strategies such as prosecution and removals do not appear to prevent and deter this population’s reoffending behavior as much as expected. Meanwhile, resources are continually strained—at the taxpayers’ expense—due to re-enforcement of immigration, criminal, and other laws. As a result, this thesis argues in favor of introducing civil restitution (CR) as an enforcement strategy against criminal immigration recidivism. In support of this argument, the author employed a hybrid experimental and causal design methodology to research the history of restitution as an alternative sanction in the criminal justice system. The feasibility of developing a strategy against criminal immigration recidivism modeled after restitution’s theoretical underpinnings was explored and tested. The CR strategy borrows from restitution’s focus on holding offenders accountable for the financial losses their offenses have caused to their victims, and, as per the research findings, its potential to lower recidivism rates, thereby reducing the costs of re-enforcing or reinitiating the removal process at the Department of Homeland Security’s (DHS) expense. The thesis concludes by recommending the implementation of a CR policy model strategy. The strategy will become part of the DHS Mission 3’s prevention of unlawful immigration goals and objectives.
Type
Thesis
Description
Series/Report No
Department
National Security Affairs
Organization
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NPS Report Number
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Distribution Statement
Approved for public release; distribution is unlimited.
Rights
This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.
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