A Diversion of Attention? Immigration Courts and the Adjudication of Fourth and Fifth Amendment Rights
Jennifer M. Chacón
University of California, Irvine School of Law
Duke Law Journal, Vol. 59, 2010
UC Irvine School of Law Research Paper No. 2010-15
Because of fundamental changes in the nature of immigration enforcement over the past decade, an increasing number of interactions between law enforcement agents and noncitizens in the United States are ultimately adjudicated not in criminal courts, but in immigration courts. Unfortunately, unlike the state and federal courts that have long performed an oversight function with regard to police activity, immigration courts were not designed to police the police. As a result, there are inadequate mechanisms in place to address many of the rights violations that are occurring in the context of immigration enforcement. This Article explores the procedural deficiencies of the current system and offers some proposals to address this growing problem.
Number of Pages in PDF File: 72Accepted Paper Series
Date posted: May 11, 2010
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