Welcome to Trump's Ice Age: Violations of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids

Authors

Gianni Piantini

First Page

77

Document Type

Comment

Abstract

This Comment addresses the implications of ICE agents violating Fourth Amendment rights of undocumented immigrants who have been unreasonably seized during workplace raids. Part II discusses how the Fourth Amendment protections extend to the workplace, as well as the influence of ICE on immigration law and how the Fourth Amendment applies in the immigration context. Part IH addresses how Trump's antiimmigrant oratory has encouraged ICE to conduct workplace raids, which result in egregious violations of the Fourth Amendment. Part III further addresses the effect of the holding in Delgado on workplace raids and how ICE has conducted the raids in violation of the Fourth Amendment under Trump's presidency. Part IV proposes an introduction of a statute that imposes penalties on ICE agents who engage in unlawful seizures of undocumented immigrants and a Bivens remedy for those undocumented immigrants. Part V concludes by discussing how imposing a penalty on government agents and providing a Bivens remedy may deter the government from engaging in further violations of the Fourth Amendment.

Recommended Citation

Gianni Piantini, Welcome to Trump's Ice Age: Violations of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, 32 St. Thomas L. Rev. 77 (2019).
Available at: https://scholarship.stu.edu/stlr/vol32/iss1/4