A Common-Law Privilege to Protect State and Local Courts During the Crimmigration Crisis

34 Pages Posted: 4 Aug 2017 Last revised: 9 Feb 2018

See all articles by Christopher N. Lasch

Christopher N. Lasch

University of Denver Sturm College of Law

Date Written: October 24, 2017

Abstract

This essay examines the current impasse over courthouse immigration arrests. Part I briefly describes the “crimmigration” crisis that has been ongoing for three decades, and Part II situates the courthouse-arrest issue in that context, as the latest front in the federalism battle brought on by federal efforts to coopt local criminal justice systems to serve the immigration enforcement mission. Part III examines a longstanding common-law doctrine establishing a privilege against courthouse arrests, and Part IV suggests this common-law privilege gives states and localities the authority needed to break the current impasse.

Keywords: Immigration, Crimmigration, Courthouse Arrests, Federalism

Suggested Citation

Lasch, Christopher N., A Common-Law Privilege to Protect State and Local Courts During the Crimmigration Crisis (October 24, 2017). 127 Yale Law Journal Forum 410; U Denver Legal Studies Research Paper No. 17-22. Available at SSRN: https://ssrn.com/abstract=3013440 or http://dx.doi.org/10.2139/ssrn.3013440

Christopher N. Lasch (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States
303-871-6368 (Phone)

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