At the end of the piece, I wish the author provided more detail on the procedural safeguards she has in mind for the courts to impose, because it is not immediately clear what would fix the problem--and I agree that there is a problem.

ICE is trying to find people who are not here legally. Even if every constitutional right is violated in finding those people, it doesn't change the fact that they are not here legally.

The important evidence in immigration proceedings is merely the identity of the immigrant. Once you know who the person is, then you can determine if he or she is here legally. Even in criminal trials, the identity of the person is never supressed. So imposing criminal procedure rights on imigration proceedings doesn't get you very far--it wouldn't seem to address the systemic problem idenitified in the article.

Supressing identity would also create a strange situation where the government may not be able to stop a known continuing violation of law, such as remaining in this country without authorization.

This doesn't mean that immigrants cannot assert rights against unconstitutional investigations. If certain rights are violated, then the immigrant can bring a civil rights suit seeking damages, just like everyone else. But immigrants can do that now, so I'm not sure that changes need to be made.

I'm just not sure what courts can do differently to address this issue.

No, knowing who a person is, is not sufficient to prove that someone is not a legal resident of the USA. If we were to bring criminal standards to these prosecutions, then The Government would have to prove "beyond a reasonable doubt" that the accused was not born in the USA.

That's a much higher standard than needs to be met today.

How is changing the burden of proof going to curtail the search and seizure violations identified in the article?

More cases will get tossed on Summary.

That means prosecutor records will get worse - which they hate.

Which means prosecutors won't bring those cases.

Which means the ICE cops will be pressured to bring cases that aren't compromised.

Which means Am 4 violations will go down so that the cases can be made more solidly.

Its the same process that enforced Miranda.