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Index/Topics/INS v. Delgado

INS v. Delgado

The Supreme Court case INS v. Delgado and its implications on immigration stops and Fourth Amendment seizures.

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4 results
Jan 9, 2026
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What are U.S. citizens' Fourth Amendment protections against ICE searches and seizures?

U.S. citizens enjoy the Fourth Amendment’s protections against unreasonable searches and seizures when interacting with Immigration and Customs Enforcement (ICE): courts have repeatedly held those pro...

Jan 14, 2026
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What legal rights do store employees and customers have when ICE or CBP approaches them on private property?

When ICE or CBP approaches on private property, individuals and employers enjoy core Fourth Amendment protections: agents may lawfully occupy and question people in publicly accessible areas of a busi...

Jan 15, 2026
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How does the Fourth Amendment apply to ICE questioning and detentions in public spaces?

The Fourth Amendment’s protection against unreasonable searches and seizures applies to ICE just as it does to other federal officers: public spaces generally carry a lower expectation of privacy so q...

Jan 17, 2026

How have federal courts distinguished between consensual encounters and detentions in immigration-stop cases since INS v. Delgado?

Federal courts have treated INS v. Delgado as a pivot point: the Supreme Court held that workplace questioning by immigration agents was, on the facts, a “classic consensual encounter” and not a Fourt...

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