Constitutional Challenges to Courthouse Civil Arrests of Noncitizens


This Article analyzes the constitutional issues raised by courthouse civil arrests of noncitizens. It discusses national concerns over the arrests and the responses of national and state actors, examines current policy on courthouse enforcement actions, and analyzes courthouse arrests under the Free Speech Clause, the Petition Clause, the Due Process Clause and the principles of separation of powers and federalism of the United States Constitution. The Article concludes that courthouse civil arrests of noncitizensimplicate serious constitutional issuesand greater level of protection should be extended to courthouses.

Suggested Reading