INS v. Lopez-Mendoza (1983)
- Docket
- 83-491
- Decided
- 1983-01-01
Summary
Question: Do the strictures of the Fourth Amendment and the exclusionary rule apply in deportation proceedings? Conclusion: No. In both criminal and civil proceedings, the "body" or identity of a defendant is never suppressible as fruit of an illegal arrest. This alone was sufficient basis to uphold Lopez-Mendoza's deportation order. Moreover, deportation proceedings are civil actions and the protections afforded defendants in the criminal context do not apply. Specifically, Sandoval- Sanchez's appeal to the exclusionary rule in his motion to suppress his admission fails because the purpose the exclusionary rule is designed to serve deterring official misconduct is not served in the context of a deportation proceeding. First, the INS is only required to show identity and alienage to meet its burden in a deportation hearing. Since the defendant's body is not suppressible, the INS must only prove alienage, generally not a difficult task even absent a confession. Further, INS has its own comprehensive oversight program in place to monitor Fourth Amendment compliance internally. The exclusionary rule would do little to enhance these efforts. Finally, deportations hearings, unlike criminal trials, are designed to prevent the continued violation of the law. The social cost of releasing a defendant whose mere presence in the country puts him in continued violation of the law is too high to bear in light of the minimal benefits derived from application of the exclusionary rule in this context.