2021 Articles

A “Bedrock Principle” That Wasn’t: Alliance for Open Society II and the Future of the Noncitizens’ Extraterritorial Constitution

Romanoff, Nicholas

This Note provides a timely update on the current doctrine regarding the scope of the “noncitizens’ extraterritorial Constitution,” a phrase used here to describe the universe of contexts, if any, in which a noncitizen may raise a constitutional claim or defense in relation to conduct that occurred when they were outside of the United States.