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Full-Text Articles in Law
Extraterritorial Rights In Border Enforcement, Fatma Marouf
Extraterritorial Rights In Border Enforcement, Fatma Marouf
Faculty Scholarship
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United States, or who are treated for legal purposes as being outside even if they have entered the country, can claim constitutional protections. This Article examines a small but growing body of cases addressing these extraterritoriality issues in the border enforcement context, focusing on disparities in judicial analyses that have resulted in …
Immigration Detainers, Local Discretion, And State Law's Historical Constraints, Kate Evans
Immigration Detainers, Local Discretion, And State Law's Historical Constraints, Kate Evans
Faculty Scholarship
No abstract provided.
The Ice Storm In U.S. Homes: An Urgent Call For Policy Change, Katherine Evans
The Ice Storm In U.S. Homes: An Urgent Call For Policy Change, Katherine Evans
Faculty Scholarship
Since its creation in 2003, the Bureau of Immigration and Customs Enforcement (ICE) has used increasingly aggressive tactics to enforce U.S. immigration law. One of ICE's most prominent enforcement initiatives is its practice of raiding the homes of immigrants. Accounts of home raids from victims all over the country reveal a pattern of practice that differs widely from ICE's official statements regarding raids. This paper establishes that although immigration officials are governed by the Fourth Amendment when conducting home raids, ICE's agents nonetheless regularly violate the Constitution when carrying out home raids. Additionally, this paper argues that the number and …