Abstract
On January 20, 2025, President Trump signed Executive Order 14164, Restoring the Death Penalty and Protecting Public Safety. This Order, one of twenty-six signed on Inauguration Day, directs the Attorney General to seek the death penalty for any “capital crime committed by an alien illegally present in this country,” and specifies the mandate applies “regardless of other factors.” In other words, the Order requires federal prosecutors to set aside their duty to determine what punishment comports with justice in an individual case, and instead seek the authority to kill anyone who is within the country without lawful status upon commission of a capital crime—even if they would not make the same recommendation for a similarly situated person with lawful status. And it encourages state attorneys general to adopt the same policy. [...]
Document Type
Article
Publication Date
2025
Recommended Citation
Erin R. Collins, Capital Punishment, Crimmigration, and the Necropolitical Agenda Against Noncitizens, 60 U. Rich. L. Rev. 959 (2025).
