In our letter. we expressed the belief that "the requirement that law enforcement officials obtain warrants before entering dwellings or buildings is an important one that protects basic values." Open fields are different. however. for a number of reasons. Our letter continues: "But we do not believe these values are in any way endangered by allowing law enforcement officials to pursue violations of the law in open spaces. Historically. there has not been an expectation of privacy in open fields. and we do not believe that respect for the value of privacy requires that we so restrict law enforcement officials." The subject of imposing warrant requirements on immigration officers is inappropriate for inclusion in an immigration reform and control bill designed to enhance our national capacity to deter illegal entry. Section 114. rather than enhancing that essential purpose of H.R. 1510. will undermine it by offering the prospect of sanctuary to those undocumented aliens who manage to escape the immediate border area. This may serve as a magnet to future illegal entry in addition to making the task of interior enforcement immeasurably more difficult. The necessity of obtaining warrants before entering open fields will present great problems in practice.
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undocumented immigration