5-4 Immigration and Naturalization Service v. Delgado
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Feb 10, 2026 A lively look at a 1977 immigration factory raid and whether workers were legally seized. The hosts debate courtroom reasoning that treats each officer action separately versus the coercive reality of blocked exits. They examine Miranda-style warnings, historical worries about general warrants, and the ruling's effects on vulnerable workers and policing practices.
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Factory Surveys And The Court's Ruling
- INS conducted armed factory "surveys" that questioned workers and arrested many for immigration status.
- The Supreme Court ruled these actions were not Fourth Amendment seizures in a 7-2 decision.
The "Free To Leave" Seizure Standard
- Rehnquist framed seizure as whether a reasonable person would feel free to leave.
- The Court treated questioning and presence at exits as non-seizure if not overtly coercive.
Atomizing Police Conduct To Avoid Seizure
- The majority parsed each action in isolation to avoid finding a seizure.
- Blocking exits and armed presence were downplayed as mere possibility of questioning.
