The Fourth Amendment Protection in Deportation Proceedings Argumentative Essay by lithium

A constitutional interpretation of the deportation proceedings of illegal aliens.
# 145376 | 2,120 words | 18 sources | MLA | 2010 | CA
Published on Nov 07, 2010 in Law (International) , Law (Constitution) , Hot Topics (Immigration)


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Description:

This paper explores how the Fourth Amendment exclusionary rule of the US Constitution has traditionally been applied in deportation proceedings. It proposes that the exclusionary rule should be applied in situations that involve egregious violation of the Fourth Amendment. This paper also argues that, because deportation proceedings are considered as criminal procedures, aliens in such proceedings are not protected by the Fourth Amendment of the United States Constitution, which guards against unreasonable searches and seizures. As a result, many aliens in deportation proceedings have been subject to unfair and unreasonable treatment due to their racial or ethnic background. This paper uses MLA style footnotes but does not include a works cited page.

From the Paper:

"The legal rights of aliens in removal proceedings have become increasingly limited, which often results in unfair treatments of the aliens. Ever since the Supreme Court of the United States held in Fong Yue Ting v. United States that deportation is not punishment, and therefore, criminal aliens in removal proceedings are not protected by the criminal procedural safeguards, immigration law has been absorbing the theories, methods and perceptions associated with criminal enforcement while explicitly rejecting the procedural ingredients of criminal adjudication. Since deportation proceedings are considered as criminal procedures, aliens in such proceedings are not protected by the Fourth Amendment of the United States Constitution, which guards against unreasonable searches and seizures. As a result, many aliens in deportation proceedings have been subject to unfair and unreasonable treatment due to their racial or ethnic background. For example, the Supreme Court of the United States held in Immigration & Naturalization Service v. Lopez-Mendoza that the Fourth Amendment's exclusionary rule did not apply to deportation hearings because a deportation proceeding is a purely civil action to determine eligibility to remain in the nation. Although several circuit courts have either held or acknowledged the possibility that egregious violation of the Fourth Amendment should not be allowed in deportation proceedings, the Supreme Court has not recognized the egregious violation exception which allows noncitizens to invoke a Fourth Amendment exclusionary rule in deportation proceedings. This paper will explore how certain ethnic minority aliens in deportation proceedings have been subject to unfair treatment due to their ethnicity and the civil nature of deportation proceedings, and argue that the courts should provide the aliens with Fourth Amendment protection if they were discriminated because of their race or ethnicity. In order to fully navigate the issue of applicability of the Fourth Amendment in deportation proceedings, this paper will examine the history of how the Fourth Amendment has been applied in deportation proceedings. By exploring how some aliens have been treated unfairly due to their ethnic and racial background and how some courts have recognized an "egregious violation exception" of the Fourth Amendment in deportation cases, this paper will argue that the Supreme Court of the United States should grant the Fourth Amendment protection when aliens in deportation proceedings were treated unfairly because of their ethnicity or race. Let us first explore why aliens in deportation proceedings are generally not protected by the Fourth Amendment by analyzing the civil nature of deportation proceeding."

Sample of Sources Used:

  • Stephen H. Legomsky, The New Path of Immigration Law: Asymmetric Incorporation of Criminal Justice Norms, 64 Wash. & Lee L. Rev. 469 (2007).
  • U.S. Const. amend. IV.
  • Immigration & Naturalization Service v. Lopez-Mendoza, 468 U.S. 1032, 1040 (U.S. 1984)
  • Gonzalez-Rivera v. INA 22 F.3d 1441 (9th Cir. 1994)
  • Legomsky, supra note 1, at 512.

Cite this Argumentative Essay:

APA Format

The Fourth Amendment Protection in Deportation Proceedings (2010, November 07) Retrieved December 13, 2019, from https://www.academon.com/argumentative-essay/the-fourth-amendment-protection-in-deportation-proceedings-145376/

MLA Format

"The Fourth Amendment Protection in Deportation Proceedings" 07 November 2010. Web. 13 December. 2019. <https://www.academon.com/argumentative-essay/the-fourth-amendment-protection-in-deportation-proceedings-145376/>

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