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

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.