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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