Tuesday, October 16, 2012
Immigration Article of the Day: "Fear and Loathing at the U.S. Border" by JANET C. HOEFFEL and STEPHEN SINGER
"Fear and Loathing at the U.S. Border" Mississippi Law Journal, Vol. 82, No. 4, 2013 Tulane Public Law Research Paper No. 12-19 JANET C. HOEFFEL, Tulane University - Law School and STEPHEN SINGER, Loyola University New Orleans College of Law.
Abstract: In this paper, we argue that when technology crosses the border in the form of personal electronic devices (PEDs), there is a unique confluence of factors that requires a fresh look at the border search exception. International travel is now commonplace, or at least relatively routine, and personal electronic devices are ubiquitous and often necessary during travel. In this context, combining the Supreme Court’s refusal to question individual officers’ motives for a search with current border search law results in government searches which, we submit, are “unreasonable” under the Fourth Amendment. We demonstrate how the border search exception to the Fourth Amendment has never actually gone through a doctrinal development, and, as such, it is rather thoughtless. We show how the doctrine should appear if developed as an administrative search rather than a sui generis historical exception, and we demonstrate why the doctrine dictates that motive matters, at least when it comes to PEDs. Finally, we suggest that a correct Fourth Amendment analysis would allow a continuance of the suspicionless border searches that everyone undergoes, but that before a person can be targeted for a more intrusive, discretionary secondary search or seizure, agents must have at least reasonable suspicion of criminal activity.
Monday, October 15, 2012
For years, the Filipino American National Historical Society has designated October as a month to recognize the contributions, history, and culture of Filipino Americans. In 2009, the U.S. Senate and the House of Representatives officially recognized the month of October as Filipino American History Month. (Download Senate Resolution and Download HR Resolution).
October was chosen for this celebration because the earliest recorded instance of Filipino presence in the continental United States was on October 18, 1587. According to the Senate Resolution, Filipino American History Month should be used as an opportunity to, among other things, "to promote the study of Filipino American history and culture . . . because the roles of Filipino Americans and other people of color have been overlooked in the writing, teaching, and learning of United States history." Important contributions that the Senate resolution highlighted included the service of 250,000 Filipinos during World War II.
Congress's efforts to recognize and promote Filipino American history should be commended. Towards that endeavor, between now and the end of October, I will post some interesting facts about Filipino American history. Stay tuned!
Next Feebruary, the Kansas Journal of Law & Public Policy will host a symposium at the University of Kansas School of Law. Last summer, attention was focused on the Supreme Court's decision in Arizona v. United States. In light of that decision, the Journal wants to focus its symposium topic for this academic year on immigration. The Journal is reaching out not only to practicing attorneys, but also academics and policy makers. The idea is to create a forum for a lively discussion of the future of immigration law.
Past symposium topics have included Corporate Tax Reform, States’ roles in Federal Health Care Reform, Employment Law in Recessionary Times, Biolaw, and the Future of Law and Policy in Global Financial Institutions.
Please contact Julie Parisi at (913) 461-4969 or JParisi@ku.edu for more information.
The Washington Post breaks down the two Presidential candidates' views on immigration.
Here is the official position of President Obama on immigration. Here is the same for Mitt Romney, although it sounds very much toned down than the positions of his immigration advisor Kris Kobach. This is consistent with the Romney campaign's softening position on immigration as the election nears -- and the importance of the Latino vote becomes all the more clear.
To this point, immigration has not been a big issue in the 2012 campaign. It was not even mentioned in passing in the first debate between President Obama and Mitt Romney. Although we would love to have each candidate be interviewed on ImmigrationProf to spell out in greater details their respective views on immigration (as Senator Obama did in the primary campaign leading up to the 2008 election), that seems unlikely at this point.
Sunday, October 14, 2012
The Washington Post blog and other media outlets are reporting that former president Bill Clinton and Bruce "The Boss" Springsteen will stump for the Obama campaign in a rally in Parma, Ohio, on Thursday. The event is free and open to the public. You may recall that, in the 2008 campaign, President Obama admitted that "The reason I’m running for president is because I can’t be Bruce Springsteen."
Will the Romney/Ryan campaign respond as Slate jokingly suggested that Hillary Clinton might in the 2008 Pennsylvania primary?