Abstract

http://ssrn.com/abstract=1142150
 
 

Citations (1)



 
 

Footnotes (290)



 


 



'Good Reason to Believe': Widespread Constitutional Violations in the Course of Immigration Enforcement and the Case for Revisiting Lopez-Mendoza


Stella Burch Elias


University of Iowa - College of Law

June 6, 2008

Wisconsin Law Review, Vol. 2008, No. 6, p. 1109, 2008

Abstract:     
In 1984 the Supreme Court held in INS v. Lopez-Mendoza that the exclusionary rule did not ordinarily apply to respondents in immigration proceedings. However, the Court suggested that its opinion about the applicability of the exclusionary rule might change if constitutional violations by immigration officers became a widespread problem. First, this paper proposes that constitutional violations by immigration officers have become both geographically and institutionally widespread in the years since Lopez-Mendoza. Second, this paper argues that immigration law and the practice of immigration enforcement have changed fundamentally in the twenty-four years since Lopez-Mendoza was decided, undermining the assumptions on which the majority in 1984 based its arguments against the use of the exclusionary rule. The paper therefore concludes that, in the modern context, remaining faithful to Lopez-Mendoza requires the reintroduction of the exclusionary rule in immigration proceedings.

Number of Pages in PDF File: 51

Keywords: Immigration, Lopez-Mendoza, Exclusionary Rule, Fourth Amendment, Fifth Amendment, Immigration and Customs Enforcement, Raids

Accepted Paper Series


Download This Paper

Date posted: June 9, 2008 ; Last revised: June 12, 2013

Suggested Citation

Elias, Stella Burch, 'Good Reason to Believe': Widespread Constitutional Violations in the Course of Immigration Enforcement and the Case for Revisiting Lopez-Mendoza (June 6, 2008). Wisconsin Law Review, Vol. 2008, No. 6, p. 1109, 2008. Available at SSRN: http://ssrn.com/abstract=1142150

Contact Information

Stella Burch Elias (Contact Author)
University of Iowa - College of Law ( email )
Melrose and Byington
Iowa City, IA 52242
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,409
Downloads: 265
Download Rank: 62,946
Citations:  1
Footnotes:  290

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.437 seconds