The Miscellaneous Democracy: The Report Of The Illegal Immigration Detention Center

The history of the United States is not only an immigrant history,but also a history of pursuing equality. Known as a "melting pot" of immigration country,there is a strange phenomenon:illegal immigration detention center. And the inequality in America's illegal immigration detention center reflected by its mode,characteristics is inconsistent with democratic society.We can see that in the practice of illegal immigration detention center and the migration of the equal protection of the laws of the commitment,there is a democratic practice of paradox: the more equal protection principle advocated in legislation, the more administrative power will be looking to expand,this is a direct proportion relationship; And the expansion of administrative power have a direct correlation with the democratic practice.At the same time, the mainstream of American class didn't give up on democracy, the government, social organizations, NGO and groups of lawyers are fighting with this kind of notorious phenomenon. In order to get back to the equal protection,the internal and external administrative organs are making efforts in correction in aspects of law enforcement and judicial. However, because of the nature of the expansion of executive power and the purpose of efficiency of administrative power,which depart from the purpose of democracy and democratic legislation of independence, freedom, autonomy and equality in the nature.The phenomenon that the purpose of the "administrative" goes away from the "democracy"mechanism, especially in the executive system of its own and relatively closed in immigration law practice is more difficult to avoid, and is likely to become a strange democracy paradox.This paper have a historical clue that reviews the history of American immigration system and the process of pursuing for equality,a sample for observation that rare phenomenon of illegal immigrants in the United States - illegal immigration detention camp,and the route is the basic logic of modern democracy in Tocqueville,taking the methods of the unity of history and logic,and make a pathology analysis of contemporary American democracy for immigration and the practice of "detention camp, event in recent years.The first part is stating concepts relating illegal immigration, and combed the history of important American immigration laws. According to the quantity of the legislative and executive power continuously expand the classic immigration case ,we know that with the expanding in equal protection legislation,the administrative power is gradually expanded ,even makes ICE becomes a small kingdom.At the same time, the notion of equality in US has ups and downs. We can see that the legislation is increasing, the number of equal protection grows,followed by the expansion of the executive power,which have a proportional relationship.The second part is an observation of a strange phenomenon about the illegal immigration detention camp.This phenomenon is analyzed from its background, characteristics and present situation,and such a means of treatment of illegal immigrants are low cost, direct, is the administrative aim, to maintain the isolated glory. But the characteristic of privatization and prison-like of the illegal immigration detention camp infringe human rights. The reason why the phenomenon appears, it can be seen is the superiority who enjoy equal to those inequality.The third part is the rectification of democracy. In the face of this unequal phenomenon,the interior of administrative department made efforts from the technology innovation,hardware facilities,and the external including judicial,lawyers,social elites,NGO, societyis voicing for it. Modified prospect, however, is at an impasse,and investigating its reason, in terms of legislation, because the idea of equality of has ups and downs under the media age,and because of the understanding of equality between the ethnic appeared deviation, and the weakening of people's autonomy ability also makes democracy correction can not get good results; The seal of the administrative system in administrative ways, immigration law and the ability to resist external corrective makes increasingly strong executive power,even immune to correct way of legislative and judicial; In judicial ways, the executive power separation and squeezed the judicial independence, weakening the people jury system for autonomous ability and make the judicial weakened.Therefore, the prospect of the rectification of illegal immigration detention camp can only be stalled, and the rectification of American democracy is difficult.The fourth part takes the perspective of Tocqueville, thinking deeply from this strange phenomenon reflected by the illegal immigration detention camp,and make pathological analysis from the angle of the legislative, administrative and judicial democracy .In the view of legislation, law of legislation on the volatility and cyclical, and ahead of the real part of the pile up makes legislation bloated, and in the process of law enforcement will be falsified,deviates from the legislative purposes.From the administrative part,the conflict takes by malicious expansion of executive power is not only the imbalance in the separation of powers.And also leads to the imbalance of relation between nation and society, and after the expansion of executive power, administrative ability can't catch up with the expanded power,it will make administrative efficiency sick, it does not accord with the purpose of the pursuit of administrative efficiency. From the justice view, the direct performance of democracy is the jury system, gradually weaken in autonomy spirit makes the judicial impartiality suffer, and have a big harm to democracy . Then, the tyranny of the majority will appear just as Tocqueville worried about.