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44 Loy. L. A. L. Rev. 1399 (2010-2011)
Crossing Over: Assessing Operation Streamline and the Rights of Immigrant Criminal Defendants at the Border

handle is hein.journals/lla44 and id is 1425 raw text is: CROSSING OVER: ASSESSING OPERATION STREAMLINE AND THE RIGHTS OF IMMIGRANT CRIMINAL DEFENDANTS AT THE BORDER Edith Nazarian* Bent on curbing unauthorized immigration in the United States, the Department of Homeland Security has implemented Operation Streamline-a program aimed at criminally prosecuting all unauthorized immigrants along a five-mile stretch of the U.S.-Mexico border. While lauded by proponents as a success, Streamline has driven courts to conduct en masse hearings that ultimately compromise immigrant criminal defendants' due process rights. Although the Ninth Circuit recently held in United States v. Roblero-Solis that these en masse proceedings violate Rule 11 of the Federal Rules of Criminal Procedure, this Article argues that by basing its holding on a procedural rule, Roblero-Solis fails to fully protect the rights of immigrant criminal defendants at the border. To eliminate this problem, this Article calls for courts to base these defendants' rights on the Constitution and to apply the civil theory of territoriality-and reject the civil doctrines of plenary power and the ascending scale of rights- in criminal proceedings. To help ensure the application of these theories, this Article proposes a system that allows the courts to reduce the number of unauthorized immigrants that it prosecutes and to remedy any violations of the rights of the immigrants that it does. * J.D. Candidate, May 2012, Loyola Law School Los Angeles; B.A., English, June 2009, University of California, Irvine. My sincerest thanks go to Kathleen Kim, Professor of Law at Loyola Law School Los Angeles, whose invaluable insight, guidance, and understanding provided the environment that this Article needed to develop and truly flourish. Enormous thanks also go to Andrew Lichtenstein for his editorial direction, thoughtful comments, and unfailing support throughout the entire writing process. Without either of their assistance, this Article would be a mere shadow of what it is today. I would also like to specially thank the staff members of the Loyola of Los Angeles Law Review who reviewed and helped polish this Article for publication. Finally, heartfelt thanks go to my family, friends, and peers for their continuous support and encouragement. Indeed, to everyone who in some way touched this Article, you are appreciated more than you know. 1399

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