Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Criminal Procedure

2018

Boston College Law School Faculty Papers

Articles 1 - 2 of 2

Full-Text Articles in Law

The Unreasonable Seizures Of Shadow Deportations, Mary Holper Jan 2018

The Unreasonable Seizures Of Shadow Deportations, Mary Holper

Boston College Law School Faculty Papers

President Trump, during his campaign, promised a “deportation task force” to swiftly deport the eleven million undocumented noncitizens in the United States. Within his first week in office, he issued two Executive Orders calling for stricter immigration enforcement and a stronger border. The Department of Homeland Security (“DHS”) Memos implementing his interior and border enforcement executive orders indicate that DHS will use every tool to enforce the immigration laws, expanding the use of procedural tools that bypass immigration courts and ensuring that noncitizens remain detained during these “shadow” deportations.Two of these procedural tools, administrative removal and expedited removal, allow ...


Promptly Proving The Need To Detain For Post-Entry Social Control Deportation, Mary Holper Jan 2018

Promptly Proving The Need To Detain For Post-Entry Social Control Deportation, Mary Holper

Boston College Law School Faculty Papers

When a person suspected of a crime is arrested without a warrant, the Fourth Amendment guarantees that freedom may not be taken away except upon a neutral magistrate judge’s prompt confirmation that probable cause exists that this person in fact committed the crime. In contrast, in the deportation process, a person is often detained for weeks before a judge determines that the noncitizen is actually deportable, thus justifying detention. Even the separate procedures available to review custody do not suffice because the mandatory detention statute renders many detainees ineligible for review by a judge. If they are entitled to ...