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- Title
RETHINKING THE ROLE OF THE EXCLUSIONARY RULE IN REMOVAL PROCEEDINGS.
- Authors
Mulqueen, Matthew S.
- Abstract
The article examines the history of exclusionary rule, including the dual reasoning behind the judicially created deterrent and its application in deportation proceedings. The U.S. Supreme Court's decision in INS v. Lopez-Mendoza is discussed. Two significant and interrelated changes to the immigration landscape has occurred since the decision, including the criminalization of immigration law and the increasing involvement of state and local officials in immigration enforcement. The article also presents an analysis of the exclusionary rule's deterrence benefits and social costs in light of the current state of immigration.
- Subjects
UNITED States; IMMIGRATION law; EXCLUSIONARY rule (Evidence); EMIGRATION &; immigration; LEGAL judgments; UNITED States. Supreme Court
- Publication
St. John's Law Review, 2008, Vol 82, Issue 3, p1157
- ISSN
0036-2905
- Publication type
Article