Journal of Transnational American Studies

At the twenty first–century border, naturalized and native-born citizens are now subject to interrogations about their legal backgrounds and to possible arrests without legal representation and even before they are old enough to possess a criminal record or enter kindergarten. Legal power operates differently in the borderlands, particularly with respect to the presumption of innocence. This short commentary reflects on this legal gray zone: If border exceptionalism lacks judicial oversight, then it is crucial to have clarity on which presidential administration should be held accountable.