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