THE ILLUSION OF JUSTICE: HOW CRIMINALIZING STATUS UNDERMINES THE RULE OF LAW

Authors: Luz M. Payán
Cited by: 0

Abstract

In May of 2025, United States Senator Cornyn introduced the Justice for American Victims of Illegal Aliens Act. The Act creates an additional aggravating factor in determining whether to impose the death sentence. The aggravating factor would only be applicable when a noncitizen is found guilty of killing a United States citizen. This Article first argues that this Act would create grave constitutional concerns and severely undermine the rule of law. Next, this Article urges that, in order to truly promote public safety, our government should focus on policies meant to empower communities.

Fields of Study & Subjects

Criminal Law and Policy Immigration Law and Human Rights Criminal Law and Evidence

Publication details

Journal / source
eYLS (Yale Law School)
Publication date
1 February 2026