Arar with a Twist: Should a Bivens Remedy be Extended to a U.S. Citizen Subjected to Extraordinary Rendition - An Evaluation of Whether the Extension of Constitutional Tort Remedies Should Be Based on Immigration Status
![handle is hein.journals/inlr31 and id is 1083 raw text is: CASENOTE
ARAR WITH A TWxIST: SHOULD A BIVExs REMEDY BE EXTENDED TO
A U.S. CITIZEN SUBJECTED TO EXTRAORDINARY RENDITION? AN
EVALUATION OF WHETHER THE EXTENSION OF CONSTITUTIONAL
TORT REMEDIES SHOULD BE BASED ON IMMIGRATION STATUS
Greg Laux'
I. INTRODUCTION
During the past decade, the civil lawsuit has emerged as one of the
primary accountability mechanisms for questioning the policy of the Bush
Administration in its handling of the War on Terror. Most of these lawsuits-
sometimes called counter-counterterrorism suits' or reverse War on
Terror2 suits by academics and commentators-have taken the form of
constitutional tort suits brought by plaintiffs under the doctrine of Bivens
v. Six Unknown Named Agents of the Federal Bureau of Narcotics. The
damages action brought by Canadian citizen Maher Arar against the United
States based on his extraordinary rendition' to Syria represents one of the
most high-profile of these cases.'
Associate Member, 2010-2011 Immigration and Nationality Law Review.
'Richard Klingler, The Court, the Culture Wars, andReal War, 30A.B.A. NAr'L
SECURITY L. REP., at 1. 4 (2008).
George D. Brown, Accountability, Liability and the War on Terror -
Constitutional Tort Suits as Truth and Reconciliation Vehicles, 63 FLA. L. REV. 193,
196 (2011).
3 Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics,
403 U.S. 388 (1971).
4 Extraordinary rendition is defined in Blacks Law Dictionary as [t]he
transfer, without formal charges, trial, or court approval, of a person suspected of
being a terrorist or supporter of a terrorist group to a foreign nation for imprisonment
and interrogation on behalf of the transferring nation. BLACK's LAw DICTIONARY
1410 (9th ed. 2009).
5 Arar v. Ashcroft, 585 F.3d 559 (2d. Cir. 2009), cert. denied, 130 S.Ct. 3409
(2010).
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