Immigration Article of the Day: Amelia Wilson, Immigration as Continuing Seizure
Professor Amelia Wilson’s article, Immigration as Continuing Seizure is appearing in the George Washington Law Review. Here is the abstract:
Immigration detention is “civil” by definition but exhibits characteristics typically associated with criminal enforcement. Stemming from this tension, legal doctrine is inconsistent on how and when immigrants can challenge improper conditions while they are detained; courts have alternatively relied on both the Fifth and Eighth Amendments. In her article Immigration as Continuing Seizure, Professor Amelia Wilson examines recent immigration detention cases and observes a jurisprudential trend toward applying criminal—rather than civil—constitutional principles. Instead of situating immigration detention within the Fifth or Eighth Amendments, Professor Wilson argues that it is most properly analyzed under the Fourth Amendment. This solution would resolve inconsistent circuit court decisions in the immigration context and heighten scrutiny of the reasonableness of each individual’s custody. As this issue becomes increasingly politically charged, reframing the immigration detention doctrine offers courts a new path forward.
Immigration as Continuing Seizure seeks to address the judicial dilemma surrounding immigration detention by proposing a novel constitutional framework.
The George Washington Law Review suggests that a digital version of the article should soon appear at URL.
