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5-4

Immigration and Naturalization Service v. Delgado

5-4

Prologue Projects

Government, News, News Commentary

4.53.7K Ratings

🗓️ 10 February 2026

⏱️ 50 minutes

🧾️ Download transcript

Summary

The fourth amendment protects against unlawful searches and seizures…unless, of course, the search is just a friendly survey from your local armed immigration officer!


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5-4 is presented by Prologue Projects. This episode was produced by Alli Rodgers. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com 


Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.



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Transcript

Click on a timestamp to play from that location

0:00.0

We'll hear arguments next in Immigration Service against Delgado.

0:07.3

Hey, everyone. This is Leon from Prologue Projects. On this episode of 5 to 4, Peter, Riannon, and Michael

0:14.7

are talking about INS v. Delgado, a 1984 case about the extent to which the Fourth Amendment applies when it comes

0:22.1

to immigration enforcement. In 1977, Immigration and Naturalization Service, also known as

0:28.3

INS, conducted two so-called surveys of workers at garment factories in California as part of an

0:34.6

effort to identify undocumented workers. During these surveys, armed INS agents were stationed at factory exits while others swept the floor questioning workers about their status.

0:45.3

If workers admitted to being undocumented, or if agents found their responses not credible, they were handcuffed and taken away.

0:52.3

Together with their labor union, a group of workers who were citizens or legal residents sued the INS,

0:58.4

alleging that the surveys violated their Fourth Amendment rights against unreasonable searches and seizures.

1:03.5

The Supreme Court sided with INS.

1:06.2

This is 5 to 4, a podcast about how much the Supreme Court sucks.

1:10.0

Music to four, a podcast about how much the Supreme Court sucks.

1:24.7

Welcome to five to four, where we dissect and analyze the Supreme Court cases that have left our civil liberties, frozen and and leaking like the pipes in my house.

1:28.8

I'm Peter.

1:29.4

I'm here with Riannon.

1:30.5

Hello.

1:31.4

And Michael.

1:32.2

Hey, do you at least have heat again?

1:33.9

I know you were out for a little bit there.

1:36.7

Congrats.

1:37.2

We're back to homeowners' complaints for the metaphors.

1:41.2

And this is where I shine.

...

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