The Domestic Fourth Amendment Rights of Undocumented Immigrants: On Guitterez and the Tort Law/Immigration Law Parallel

Authors

Victor C. Romero, Penn State LawFollow

Document Type

Article

Publication Date

2000

Abstract

This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could serve as the proper basis for rebuilding the floor of constitutional protection for immigrants charged with violating U.S. law.

Comments

Reprinted at 21 Immigr. & Nat'lity L. Rev. 593 (2000).

Recommended Citation

Victor C. Romero, The Domestic Fourth Amendment Rights of Undocumented Immigrants: On Guitterez and the Tort Law/Immigration Law Parallel, 35 Harv. C.R.-C.L. L. Rev. 57 (2000).