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Article
The Domestic Fourth Amendment Rights of Undocumented Immigrants: On Guitterez and the Tort Law/Immigration Law Parallel
Harvard Civil Rights-Civil Liberties Law Review
  • Victor C. Romero, Penn State Law
Document Type
Article
Publication Date
1-1-2000
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).

Citation Information
Victor C. Romero. "The Domestic Fourth Amendment Rights of Undocumented Immigrants: On Guitterez and the Tort Law/Immigration Law Parallel" Harvard Civil Rights-Civil Liberties Law Review Vol. 35 (2000) p. 57
Available at: http://works.bepress.com/victor_romero/8/