Saturday, January 6, 2018

AALS 2018: Federalism and Sanctuary Cities and Other Immigration Programs


The 2018 annual meeting of the Association of American Law Schools have had many immigration programs.  Click here for the Section on Immigration Law programs.

On Thursday, there was a panel on "Federalism and Sanctuary Cities."  Panelists included

Moderator and Speaker:  Ilya Somin, The Antonin Scalia Law School at George Mason University


Jennifer Chacon, University of California, Irvine School of Law
Erwin Chemerinsky, University of California, Berkeley School of Law
Josh Blackman, South Texas College of Law Houston
John Eastman, Chapman University Dale E. Fowler School of Law

The Trump administration’s efforts to target “sanctuary cities” have led to extensive ongoing legal challenges, which raise a variety of constitutional and policy issues including the extent to which the executive branch can impose conditions on state and local government recipients of federal funds, what kinds of spending conditions count as “coercive” or insufficiently related to the purposes of the grant program they are attached to, and whether federal laws targeting sanctuary cities violate Tenth Amendment restrictions on “commandeering.”  This panel considered the specific issues raised by the litigation over sanctuary cities, and the broader implications for constitutional federalism, separation of powers, and immigration law.

On Saturday afternoon, the Immigration Law Section has a panel on "Immigration Adjudication in an Era of Mass Deportation."  Here is the panel description:

Large scale deportation has been a feature of the federal government’s immigration enforcement policy for years. Immigration policies under the new administration suggest even more expansive reliance on the tools associated with mass deportation, such as increasing the number of deportations, the scale of detention, and the categories of persons treated as removal priorities. This program examines the implications of the current administration’s mass deportation strategies for existing paradigms in the literature on immigration adjudication. Panelists will address various questions regarding immigration adjudication during this era of mass deportation, including: the rise–and likely expansion–of summary removals and other mechanisms that enable the federal government to effectuate removal in a streamlined manner and without the participation of the immigration courts; the impact of the backlog in the immigration courts on the federal government’s ability to achieve mass deportation; the continued relevance of the immigration courts and Board of Immigration Appeals as the central actors in immigration adjudication; post-deportation integration programs; and the influence of policies related to mass deportation on broader themes within immigration law such as judicial review, the rule of law, the constitutional rights of noncitizens, plenary power, or the entry fiction doctrine.

Speakers include:

Speaker from a Call for Papers: Jason Cade, University of Georgia School of Law

Speaker: Lucas Guttentag, Stanford Law School

Speaker from a Call for Papers: Kevin R. Johnson, University of California, Davis, School of Law

Moderator: Jennifer Lee L. Koh, Western State College of Law at Argosy University

Speaker: Nora Phillips, Al Otro Lado


There also is an "Immigration Law Works in Progress" panel later in the afternoon.



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