The Exclusionary Rule in Immigration Proceedings: Where it Was, Where it is, Where it May be Headed

Irene Scharf, Southern New England School of Law

Abstract

"The Exclusionary Rule in Immigration Proceedings; Where it Was, Where it Is, and Where it May Be Headed,” examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions on the subject and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.