8 U.S.C. § 1252(g), Damages
The objective of this Note is to identify the scope of § 1252(g). It concurs with previous scholarship, which has stated that, based on legislative intent and controlling precedents, § 1252(g) only applies to instances where the government exercises discretionary authority. That is, when the government violates statutes or its own regulations, courts may entertain the alien’s claim for damages. However, as many courts reject this argument, this Note further suggests that § 1252(g) should be interpreted narrowly so as to allow meritorious plaintiffs the possibility of recovering for the harm they suffered. This Note will also explore the international implications of America’s refusal to compensate victims.
Will, Kimberly P.
"The Limits of 8 U.S.C. § 1252(g): When Do Courts Have Jurisdiction to Entertain an Alien’s Claim for Damages Against the Government?,"
Cornell International Law Journal: Vol. 51
, Article 7.
Available at: https://scholarship.law.cornell.edu/cilj/vol51/iss2/7