For those interested in the contested application of the Constitution to aliens seeking admittance and asylum, I recommend reading a note recently published in the Fordham Law Review. “A Constitutional Case for Extending the Due Process Clause to Asylum Seekers: Revisting the Entry Fiction after Boumediene,” 87 Fordham L. Rev. 289, by Zainab A. Cheema.
The note examines the continuing vitality of the “entry fiction,” the idea that even though an alien is physically present in the United States, they remain outside the border for legal purposes if they have not been granted admission or parole, in the wake of the Supreme Court’s decision in Boumediene. It argues that the impractical and anomalous test adopted by the Court in Boumediene would counsel in favor of greater procedural protections to asylum seekers who have passed a credible fear interview. Specifically, the note calls for bond hearings for these asylum seekers after a presumptively reasonable period of time.
It is a quick and interesting read and I commend it to you.