Sub-Federal Enforcement of Immigration Law: An Introduction to the Problem of Pretextual Enforcement and Inadequate Remedies

Carrie Rosenbaum
Additional contact information
Carrie Rosenbaum: Golden Gate University School of Law, San Francisco, CA 94105, USA

Laws, 2014, vol. 3, issue 1, 1-24

Abstract: Sub-federal enforcement of immigration law has expanded significantly in the last decade raising questions concerning policing, rights violations, and remedies. While the Fourth Amendment has historically provided an avenue for potentially suppressing evidence obtained in violation of a criminal defendant’s civil rights, its applicability in the immigration removal context has been circumscribed. Thus, the avenues to protect the rights of unauthorized noncitizens in immigration removal proceedings are less clear where sub-federal agents act outside of their authorization, particularly in the context of Secure Communities, and enforce immigration law. In the context of immigration exceptionalism, racial profiling has historically played a unique role in immigration law. The lack of adequate measures to deter rights violations where sub-federal agents enforce immigration law raises questions concerning the relationship between criminal and immigration law, and the importance of deterring civil rights violations such as racial profiling, in immigration enforcement. This article will examine the problem of sub-federal law enforcement agents’ use of criminal law violations as a pretext to enforce immigration law and the lack of adequate deterrence of civil rights violations.

Keywords: Secure Communities; racial profiling; prosecutorial; discretion; sub-federal; suppression; exclusionary; bias (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2014
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://www.mdpi.com/2075-471X/3/1/61/pdf (application/pdf)
https://www.mdpi.com/2075-471X/3/1/61/ (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:3:y:2014:i:1:p:61-84:d:32359

Access Statistics for this article

Laws is currently edited by Ms. Heather Liang

More articles in Laws from MDPI
Bibliographic data for series maintained by MDPI Indexing Manager ().