Laws 2014, 3(1), 61-84; doi:10.3390/laws3010061
Article

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

Received: 8 November 2013; in revised form: 11 January 2014 / Accepted: 13 January 2014 / Published: 22 January 2014
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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
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

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MDPI and ACS Style

Rosenbaum, C. Sub-Federal Enforcement of Immigration Law: An Introduction to the Problem of Pretextual Enforcement and Inadequate Remedies. Laws 2014, 3, 61-84.

AMA Style

Rosenbaum C. Sub-Federal Enforcement of Immigration Law: An Introduction to the Problem of Pretextual Enforcement and Inadequate Remedies. Laws. 2014; 3(1):61-84.

Chicago/Turabian Style

Rosenbaum, Carrie. 2014. "Sub-Federal Enforcement of Immigration Law: An Introduction to the Problem of Pretextual Enforcement and Inadequate Remedies." Laws 3, no. 1: 61-84.

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