The Domestic Fourth Amendment Rights of Undocumented Immigrants: On Guitterez and the Tort Law/Immigration Law Parallel

46 Pages Posted: 12 Jan 2016

See all articles by Victor C. Romero

Victor C. Romero

Pennsylvania State University, Penn State Law

Date Written: 2000

Abstract

This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could serve as the proper basis for rebuilding the floor of constitutional protection for immigrants charged with violating U.S. law.

Suggested Citation

Romero, Victor C., The Domestic Fourth Amendment Rights of Undocumented Immigrants: On Guitterez and the Tort Law/Immigration Law Parallel (2000). Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 35, No. 57, 2000; Penn State Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2713995

Victor C. Romero (Contact Author)

Pennsylvania State University, Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States
814.865.8989 (Phone)

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