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Full-Text Articles in Law

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero May 2015

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero

Victor C. Romero

This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …


Thinking Broadly About Immigration Reform By Addressing Root Causes, Bill Ong Hing Dec 2010

Thinking Broadly About Immigration Reform By Addressing Root Causes, Bill Ong Hing

Bill Ong Hing

The United States is caught up in hysteria, media-induced fear, and misinformation over undocumented immigration. We have militarized the border through “Operation Gatekeeper” pushing border crossers into treacherous terrain, resulting in thousands of unnecessary deaths since the 1990s. We have engaged in Gestapo-type raids of businesses, homes, and neighborhoods, sometimes separating children from their parents. We have arrested and deported lawful permanent resident immigrants who have resided in the United States most of their lives. We have rounded up workers in restaurant sweeps. We have prosecuted human rights volunteers in the Arizona desert who provided food, water, and emergency medical …


Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers In The United States, Connie De La Vega, Conchita Lozano-Batista Dec 2004

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers In The United States, Connie De La Vega, Conchita Lozano-Batista

Connie de la Vega

This article seeks to provide migrant rights advocates with international legal arguments that can be used to address domestic human rights abuses when domestic law is inadequate and in violation of U.S. treaty obligations. It discusses applicable international law and suggests how these standards may be used to protect migrant workers. The article: describes the working conditions of undocumented migrants in the United States, highlighting recent violations of their human rights. It discusses Hoffman Plastics Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), which limited the rights of undocumented workers, and its aftermath and in which there …