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59 Duke L.J. 1723 (2009-2010)
The Rights of Others: Legal Claims and Immigration outside the Law

handle is hein.journals/duklr59 and id is 1739 raw text is: THE RIGHTS OF OTHERS: LEGAL CLAIMS AND IMMIGRATION OUTSIDE THE LAW HIROSHI MOTOMURAt ABSTRACT This Article analyzes the rights of unauthorized migrants and elucidates how these noncitizens are incompletely but importantly integrated into the U.S. legal system. I examine four topics: (1) state and local laws targeting unauthorized migrants, (2) workplace rights and remedies, (3) suppression of evidence from an unlawful search or seizure, and (4) the right to effective counsel in immigration court. These four inquiries show how unauthorized migrants-though unable to assert individual rights as directly as U.S. citizens in the same circumstances-can nevertheless assert rights indirectly and obliquely by making transsubstantive arguments that fall into five general patterns. The first is an institutional competence argument that Copyright © 2010 by Hiroshi Motomura. t Susan Westerberg Prager Professor of Law, School of Law, University of California, Los Angeles. My title is inspired (loosely) by the film, Das Leben der Anderen, directed by Florian Henckel von Donnersmarck, translated as The Lives of Others. The title also echoes and acknowledges SELYA BENHABIB, THE RIGHTS OF OTHERS: ALIENS, RESIDENTS, AND CITIZENS (2004). This Article is part of a book project based on the conceptual framework in Hiroshi Motomura, Immigration Outside the Law, 108 COLUM. L. REV. 2037 (2008). Please send comments by e-mail to motomura@law.ucla.edu. For very helpful conversations and comments on earlier drafts, I would like to thank Ash Bali, Fred Bloom, Adam Cox, Keith Cunningham-Parmeter, Ingrid Eagly, Nicholas Espfritu, Deep Gulasekaram, Jerry Kang, Stephen Lee, Steve Legomsky, Hans Linnartz, Joe Landau, Steven Munzer, Cristina Rodriguez, Deborah Weissman, Adam Winkler, Noah Zatz, and participants in faculty colloquia at the University of Florida Levin College of Law, the University of California, Irvine, School of Law, the UCLA School of Law, and in the Duke Law Journal's Administrative Law Symposium. This Article started with the syllabus for my course on Immigrants' Rights at the UCLA School of Law in the spring of 2009. 1 am grateful to my students for a semester full of engaging discussions, during which many of the ideas that now are central to this Article emerged.

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