Case Summary: Immigration and Naturalization Service v. Delgado, 466 U.S. 210 (1984) Citation: 466 U.S. 210 (1984)
Court: Supreme Court of the United States
Decided: April 17, 1984
Vote: 7–2
Opinion: Rehnquist, J. (majority); Brennan, J. (dissenting, joined by Marshall, J.)
Facts
- INS agents, with factory owners' consent, conducted "factory surveys" at two garment factories in Southern California to locate undocumented workers.
- Agents positioned themselves near exits and, while other agents moved through the workforce questioning employees about citizenship, asked some workers (including respondents, U.S. citizens or lawful residents) for immigration papers.
- Respondents sued under the Fourth Amendment, claiming the surveys constituted seizures of the entire workforce because workers felt unable to leave during questioning.
- District Court granted summary judgment for INS.
- Ninth Circuit reversed, holding the surveys seized the entire workforce without individualized suspicion, violating the Fourth Amendment.
Whether INS factory surveys, conducted with employer consent and involving questioning of workers about immigration status, constitute a Fourth Amendment "seizure" of the entire workforce when workers are not physically restrained and are free to walk away from individual questioning.
Holding: No. The surveys did not effect a Fourth Amendment seizure of the entire workforce. Individual questioning required reasonable suspicion only for those workers who were detained beyond consensual encounters; mere questioning and the presence of agents near exits did not seize workers who continued their activities.
Rule/Reasoning
- A Fourth Amendment "seizure" requires either physical force or submission to an assertion of authority (Terry v. Ohio, 392 U.S. 1 (1968); United States v. Mendenhall, 446 U.S. 544 (1980)).
- Police questioning, by itself, is not a seizure. Workers were:
- Free to continue working;
- Not prevented from moving within the factory;
- Able to ignore or walk away from agents (though some chose to answer).
- The atmosphere (agents at exits, employer consent) was not coercive enough to convert consensual encounters into seizures for the workforce as a whole.
- For workers actually detained for further questioning, INS needed articulable suspicion (which existed here based on appearance, responses, or behavior).
- Employer consent distinguished the case from public street encounters.
Concurrence
- Powell, J.: Emphasized employer consent and the limited intrusiveness of workplace surveys.
- Blackmun, J.: Joined majority but noted future surveys might require warrants if more intrusive.
- The surveys created a coercive environment: armed agents at exits, systematic questioning, and workers' fear of job loss effectively seized everyone.
- Compared the factory to a "locked compound," rejecting the majority's "consensual encounter" framing.
- Clarified that workplace immigration surveys with employer consent do not automatically trigger Fourth Amendment protections for all employees.
- Reinforced Mendenhall's "free to leave" test for seizures.
- Limited Terry-stop requirements to actual detentions, not mere questioning.
- Frequently cited in workplace search and border patrol contexts.
