Sessions Information

  • May 5, 2024
    9:00 am - 10:30 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: Marriott St. Louis Grand
    Room: Landmark 4
    Floor: Ground Floor, Conference Plaza

    Group 13: Immigration Enforcement

    Immigrants’ Fourth Amendment Rights
    Juan P. Caballero, University of Florida Fredric G. Levin College of Law

    Today in the United States, nearly 200,000 non-citizens are subjected to the Department of Homeland Security’s Alternatives to Detention (“ATD”) program. The ATD program, which places participants under a variety of surveillance mechanisms, has grown exponentially in recently years as it surveils an ever-growing population of non-citizens.

    While the recent Fourth Amendment precedent has been subject to substantial litigation in the context of criminal investigations, the implications of these cases on surveillance in the civil, immigration context remains largely unexplored. This article seeks to bridge that gap. As immigration policies evolve, the utilization of these surveillance tools raises critical questions about the balance between national security imperatives and individual constitutional rights. This article will explore the Fourth Amendment's protection against unreasonable searches and seizures as it applies to noncitizens.

    This article reviews the ATD under a Fourth Amendment framework to better assess the constitutional dimensions of the program. The goal of the research is to develop an understanding of the proper application of the Fourth Amendment to noncitizen populations. The paper seeks to foster informed discourse and propose recommendations for safeguarding individual liberties while addressing the imperatives of national security within the evolving landscape of ICE Alternatives to Detention Programs.

    Immigration Status Federalism
    David Chen, New York University School of Law

    In the last decade, states and localities have asserted an increasingly active role in setting immigration policy, including by refusing to cooperate in the enforcement of immigration law and extending state benefits to undocumented individuals. But one domain still widely considered to be within the exclusive authority of the federal government is the regulation of immigration status: the law of alienage classifications, including whether an individual is deportable, a permanent resident, or a citizen. This article challenges that conventional understanding and argues that state and local integration into the immigration adjudication bureaucracy gives them important leverage over immigration status. I identify three avenues through which such influence is wielded: (1) federal reliance on state and local fact-finding; (2) federal incorporation of state law; and (3) procedural gaps in immigration adjudications that states can fill.

    Recognizing that there is a federalism of immigration status expands our understanding of how state and local participation shapes national immigration policy. It reveals how federal-state interactions play out on the terrain of administrative adjudications, a subject largely overlooked in federalism scholarship. And it anticipates a likely new front in federal-state contestation over immigration policy. As my article documents, state and local actors are already exercising their influence over immigration adjudications to shape immigration policy. As the politics around immigration become increasingly more polarized, these actors may push the boundaries of their influence further.

    The Externalization of U.S. Refugee Protection to Mexico and The Imperative for Cross-Border Clinic Collaboration
    David Baluarte, City University of New York School of Law
    Salvador Guerrero, Universidad Iberoamericana Cuidad de Mexico

    Over the last decade, the United States has taken decisive steps to stem the flow of migration across its southern border with Mexico. While tactics have varied between the Obama, Trump, and Biden administrations, a marked trend towards the externalization of U.S. immigration controls to Mexico has developed. Because these migratory flows include large numbers of asylum seekers fleeing endemic violence in their home countries, this process of externalization has shifted U.S. refugee protection obligations to Mexico, either because asylum seekers are stranded in southern Mexico or stuck on the Mexican side of the U.S.-Mexico border. Refugee rights advocates on both sides of the border have responded in force. Law clinics at U.S. law schools that specialize in immigrant rights and refugee protection have been very visible in the response to the legal needs of individuals trapped on the U.S.-Mexico border, and some have begun to include this work as a core part of their clinic experience. At the same time, Mexican law schools have expanded their legal services to refugees, and new law clinics have been established with support from the UN High Commissioner for Refugees (UNHCR). However, transnational legal services organized collaboratively by U.S. and Mexican law clinics are still in an early stage of development. This article examines the need for such collaborative work and the potential for law clinics to train the next generation of refugee rights advocates in the United States and Mexico to confront the trend towards U.S. externalization of refugee protection to Mexico.

    Discussants: Sabrineh Ardalan, Harvard Law School and Julie Dahlstrom, Boston University School of Law

Session Speakers
Harvard Law School
Moderator and Discussant

City University of New York School of Law
Works-in-Progress Presenter

University of Florida Fredric G. Levin College of Law
Works-in-Progress Presenter

New York University School of Law
Works-in-Progress Presenter

Boston University School of Law
Moderator and Discussant

Universidad Iberoamericana Ciudad de Mexico
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.