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Immigration & Naturalization Service v. Delgado

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A quick definition of Immigration & Naturalization Service v. Delgado:

In Immigration & Naturalization Service v. Delgado, the Supreme Court decided that the INS could walk through factories and question workers about their citizenship without violating the Fourth Amendment. The Court found that the surveys did not constitute a seizure of the entire work force, and the individual questioning did not constitute a seizure under the Fourth Amendment. The Court applied the reasonable person test and found that the INS did not constrain the workers' physical movement or prevent them from continuing to work. The Court also noted the brevity of the questioning and the important governmental interest of finding undocumented noncitizens.

A more thorough explanation:

Immigration & Naturalization Service v. Delgado was a case heard by the Supreme Court in 1984. The case was about whether the Immigration and Naturalization Service (INS) violated the Fourth Amendment by conducting factory surveys and questioning workers about their citizenship. The Fourth Amendment protects individuals from unreasonable seizures and detention by the police.

The INS agents walked through factories and questioned workers about their citizenship in an attempt to find undocumented noncitizens. If the employee responded to the INS agents by saying that he was a U.S. citizen, the agents would move on to another employee. However, if the factory worker gave an unsatisfactory reply or admitted to being an alien, the INS agent asked for the employee’s immigration papers.

The Supreme Court held that the factory surveys conducted by the INS did not constitute a seizure of the entire work force under the Fourth Amendment. The Court explained that an unreasonable seizure occurs when, considering all the surrounding circumstances of the detention, a reasonable person believes he does not have the freedom to leave during the questioning. During the surveys, several INS agents stationed themselves near the factory building’s exits. The Court rejected the claim that the placement of INS agents at the exits of the factories constrained the employees’ freedom to leave. The Court concluded that a seizure of the entire work forces did not occur. Consequently, it found no violation of the Fourth Amendment.

The Court also held that the interrogation of the individual respondents did not constitute a seizure under the Fourth Amendment. The Court applied the reasonable person test. Although the employees argued that they suffered psychologically from the questioning, the Court did not find that they reasonably feared being arrested and found that they reasonably did not feel constrained. The Court asserted that the INS did not constrain their physical movement. The Court further supported its decision by noting the brevity of the questioning of the individual workers.

Example: The INS conducted factory surveys and questioned workers about their citizenship to find undocumented noncitizens. The Supreme Court held that the factory surveys and individual questioning did not violate the Fourth Amendment because the INS did not unreasonably seize or detain the workers.

immigration | Immigration and Customs Enforcement (ICE)

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12:34
gotchu
hello friends
13:09
Yo
lawguy we're nearly stats twins :D
13:13
I saw that, and I saw you got the Georgetown interview invite yesterday too! Goodluck!
you too haha, i was super surprised to have received one so early not gonna lie
i heard the group interview is really chill and I'm kinda excited to do it
seems cool
13:14
Yeah, 7sage has a page that talks about the questions for each schools interview, GULC's seems unique
13:15
Idk how much of an effect it has on admissions chances but should be cool either way
ive heard the conversion rate for gulc group interview is pretty high even moreso if you have the stats
it's hard to say but i've also heard that the group interview is harder to get than the alumni interview. but who really knows tbh
im p sure they don't interview everyone and getting one this early should be a great sign!
13:16
Yeah I've heard the same ab the group interview
13:17
So maybe I'll see you in D.C. a year from now lmao
initiallaw
13:32
Speaking of stat twins kazuyamishima were exact stat twins lol
17:13
Anyone going to the UGA zoom thing on the 22nd?
17:16
My bad, 24th*
Idk, what's it for?
@Law-Guy: How'd you get the Vandy fee waiver?
17:32
What does going ur3 in 3 days mean at Uva 😅
that you will get UR2 in 3 more
17:33
somethings gotta give
I’m new. What’s the UR and UR2?
17:35
I already went ur2. It’s the 3rd status date change
17:35
@RustyWrangler: attend one of their virtual info sessions and they'll send you a fee waiver
@Law-Guy: Awesome, thanks! I'll sign up rn!
i'm not entirely sure
They've recently been sending a lot of interview invites
It means status change?
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