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LAC Issues New Practice Advisory on Motions to Suppress in Removal Proceedings

Released on Thu, Aug 15, 2013

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) is pleased to announce the release of a new practice advisory, Motions to Suppress in Removal Proceedings:  Cracking Down on Fourth Amendment Violations by State and Local Law Enforcement Officers.

Increasingly, state and local law enforcement officers are assisting the federal government in immigration enforcement, whether through formal agreements under Section 287(g) of the Immigration and Nationality Act; through participation in Secure Communities and the Criminal Alien Program; through state laws such as those enacted in Arizona, Alabama, and elsewhere; or through policies promoted by local mayors, sheriffs, and police chiefs.  Motions to suppress seek to exclude evidence obtained by such officers in violation of an individual’s constitutional or other legal rights.

The LAC’s new practice advisory deals primarily with Fourth Amendment limitations on state and local immigration enforcement efforts and also briefly addresses Fifth Amendment violations that may arise from the same types of encounters with state and local officers.  It also discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained as a result of a constitutional violation by such officers.

This practice advisory supplements a prior LAC practice advisory on Motions to Suppress in Removal Proceedings:  A General Overview, which has been updated to reflect recent developments regarding the suppression of identity-related evidence, the “fruit of the poisonous tree” doctrine, and the impact of widespread Fourth Amendment violations.

For a complete list of all LAC Practice Advisories, please visit our website.

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For more information, contact clearinghouse@immcouncil.org or call 202-507-7516.

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