Constitutional Law - INS Raids on Garment Factories - The Fourth Amendment and Expediency
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Authors
Talbott, Frank E.
Issue Date
1985
Volume
18
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|On April 17, 1984, the Supreme Court upheld as constitutional three factory raids conducted by the Immigration and Naturalization Service (INS). These raids, or factory surveys, were conducted under the statutory authority of section 287(a)(1) of the Immigration and Naturalization Act. Delgado is illustrative of the struggle between the broad authority granted INS agents under section 287(a) (1) and protection of the fourth amendment rights of lawful citizens who are routinely subjected to INS enforcement activities merely because they happen to work for an employer who hires illegal aliens. The perplexities in resolving this struggle are numerous. The problem of large numbers of illegal aliens in the United States work force presents serious social and economic concerns. The broad grant of authority by section 287(a) (1) is Congress' effort to empower the Immigration and Naturalization Service to effectively deal with these problems. Yet, "no Act of Congress can authorize a violation of the Constitution."...
Description
Citation
18 Creighton L. Rev. 151 (1984-1985)
Publisher
Creighton University School of Law