Constitutional reflections on the attempts to criminalise undocumented immigrants and the responses of the American Supreme Court and the European Union Court of Justice

Authors

  • Roberto Uriarte Torrealday

Keywords:

Criminalization, illegal immigration, case law

Abstract

This article discusses the attempts to criminalize illegal immigration in the U. S. and Europe, through the comparative study judgments of the American Supreme Court and the Court of Justice of the European Union. And concludes that such attempts are unacceptable both in the American constitutional system as Europeans. And, considers being objectionable by substance, as established by the ECJ and not only by the lack of state jurisdiction alleged by the U. S. Supreme Court to reject them, without actually addressing the content.