Marc Jacome | UCLA School of Law (original) (raw)
Trial Attorney at Federal Defenders of San Diego, Inc.
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Papers by Marc Jacome
UCLA Law Review, 2020
This Comment presents a historical investigation of the violence that establishes nationstate bor... more This Comment presents a historical investigation of the violence that establishes nationstate borders. he analysis deconstructs the U.S.–Mexico border through the 2010 shooting of Sergio Adrián Hernández Güereca, and asks how the framework of human rights may provide justice for this tragedy. In 2015, the Fifth Circuit for the U.S. Court of Appeals heard his parents’ legal case en banc and concluded that, as a “Mexican citizen” standing on “Mexican soil at the time he was shot,” Sergio was afforded no constitutional protection as a matter of law. While the U.S. Supreme Court rejected the appellate court’s decision, it largely agreed with this factual characterization of the border. Sergio was not on “soil,” but rather on a cement culvert that not long ago contained the waters of the Rio Grande. This Comment provides a close reading of Hernandez v. Mesa and analyzes how the formalist lines of territory, citizenship, and time affect constitutional analysis. Along with providing a legal history of the U.S.–Mexico border, the Comment proposes that a human rights paradigm is a historical approach to law that provides a language of justice from the bottom up and must be integrated into U.S. constitutional jurisprudence.
Michigan Journal of Public Affairs, 2015
In the wake of the September 11th terrorist attacks, the United States has relied on the deportat... more In the wake of the September 11th terrorist attacks, the United States has relied on the deportation of noncitizens as an important component of its national security strategy. The deportation system has increasingly targeted more noncitizens while also restricting the rights of those noncitizens to challenge their deportation. The recent surge in deportations is part of a longer history of xenophobic policies that have facilitated the creation of an exceptionally rigid system existing outside of traditional judicial checks and balances. This memo traces the history of xenophobic deportation policies and explores the critical legal decisions that have expanded the scope and power of deportation authority. Ultimately, I advocate for a more democratically accountable system of deportation that guarantees judicial review and reverses past policies influenced by xenophobia.
UCLA Law Review, 2020
This Comment presents a historical investigation of the violence that establishes nationstate bor... more This Comment presents a historical investigation of the violence that establishes nationstate borders. he analysis deconstructs the U.S.–Mexico border through the 2010 shooting of Sergio Adrián Hernández Güereca, and asks how the framework of human rights may provide justice for this tragedy. In 2015, the Fifth Circuit for the U.S. Court of Appeals heard his parents’ legal case en banc and concluded that, as a “Mexican citizen” standing on “Mexican soil at the time he was shot,” Sergio was afforded no constitutional protection as a matter of law. While the U.S. Supreme Court rejected the appellate court’s decision, it largely agreed with this factual characterization of the border. Sergio was not on “soil,” but rather on a cement culvert that not long ago contained the waters of the Rio Grande. This Comment provides a close reading of Hernandez v. Mesa and analyzes how the formalist lines of territory, citizenship, and time affect constitutional analysis. Along with providing a legal history of the U.S.–Mexico border, the Comment proposes that a human rights paradigm is a historical approach to law that provides a language of justice from the bottom up and must be integrated into U.S. constitutional jurisprudence.
Michigan Journal of Public Affairs, 2015
In the wake of the September 11th terrorist attacks, the United States has relied on the deportat... more In the wake of the September 11th terrorist attacks, the United States has relied on the deportation of noncitizens as an important component of its national security strategy. The deportation system has increasingly targeted more noncitizens while also restricting the rights of those noncitizens to challenge their deportation. The recent surge in deportations is part of a longer history of xenophobic policies that have facilitated the creation of an exceptionally rigid system existing outside of traditional judicial checks and balances. This memo traces the history of xenophobic deportation policies and explores the critical legal decisions that have expanded the scope and power of deportation authority. Ultimately, I advocate for a more democratically accountable system of deportation that guarantees judicial review and reverses past policies influenced by xenophobia.