Friday, February 26, 2021

Fortress (North) America

On March 12-13, 2021, the Boston University International Law Journal will be holding a paper-based Zoom workshop compellingly titled Fortress (North) America.

You can use this link to register.

BUILJWorkshopFlyer2

-KitJ

February 26, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Thursday, February 25, 2021

Call For Papers: Forced Migration Review on "Public health and WASH"

FMR

Deadline for submissions: 1st March 2021

The COVID-19 pandemic has brought to the fore some of the challenges relating to public health and WASH (water, sanitation and hygiene), and the many factors involved. This issue of FMR – to be published in June 2021 – will explore public health and WASH in contexts of displacement, including a focus on the response to and reduction of the risk of epidemics and pandemics. We welcome submissions relating specifically to COVID-19 but also strongly seek to explore policy and practice in public health/WASH affecting displaced populations more broadly.

This issue of FMR will provide a forum for affected communities, practitioners, policymakers and researchers to explore challenges, share good practice, highlight innovations and offer recommendations. In particular, the FMR Editors are looking for practice-oriented submissions, reflecting a diverse range of experience and opinions, which address topics such as the following:

  • Monitoring, addressing and mitigating public health risks in contexts of displacement – in emergencies (including on the move), protracted situations, and in urban or rural contexts.
  • Community engagement in public health and WASH services: participation in design, maintenance and running of facilities and services.
  • Inclusion of displaced persons in national public health/WASH systems and in planning and monitoring around health-related Sustainable Development Goals.
  • Communication, awareness-raising and use of ICT in public health, including alert systems, registration, monitoring, public health messaging, provision of translation and interpreting, and use of social media and other digital channels.
  • Data gathering, interpretation and sharing.
  • Identifying and addressing needs in provision of supplies, infrastructure, staffing and training.
  • Applying learning from the impact of and response to COVID-19 and epidemics such as cholera and Ebola in areas of preparedness, prevention and response.
  • The extent to which considerations of gender, disability, sexual orientation, age, language and ability to pay are taken into account in assessing vulnerabilities and protection needs relating to the provision of public health and WASH in contexts of displacement

BEFORE WRITING YOUR ARTICLE: If you are interested in contributing, please email the Editors at fmr@qeh.ox.ac.uk with a few sentences about your proposed topic so that we can provide feedback and let you know if we are interested in receiving your submission. Do not send us articles that you have not discussed with us.

WHEN WRITING/SUBMITTING YOUR ARTICLE: Please take note of our guidelines for authors and ensure your article, when submitted, complies with our submission checklist: details at www.fmreview.org/writing-fmrWe do not accept articles that do not comply with our checklist.

Please note:

  • We ask all authors to give appropriate consideration to the particular relevance of their responses to persons with disabilities, to LGBTIQ+ persons, to older persons, and to other groups with specific vulnerabilities, and to seek to include a gendered approach as part of their articles. We also ask authors to consider, where appropriate, the impact of climate change in their analysis and recommendations.
  • While we are looking for examples of good, replicable practice and experience as well as sound analysis of the issues at stake, we also urge writers to discuss failures and difficulties: what does/did not work so well, and why?
  • We are particularly keen to reflect the experiences and knowledge of communities and individuals directly affected by this topic. If you have suggestions of colleagues or community representatives who may wish to contribute, please do email us; we are happy to work with individuals to help them develop an article and very keen to have displaced people’s perspectives reflected in FMR.

 

Deadline for submission of articles: 1st March 2021

Maximum length: 2,500 words (shorter articles welcome)

-KitJ

February 25, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Tuesday, February 23, 2021

Teaching Immigration Law: Law School Clinics in the US and UK

Border Criminologies is hosting a knowledge exchange event for immigration clinical teachers from the US and UK on March 18, 2021. The link to register is here: Teaching Immigration Law: Law School Clinics in the US and UK (google.com)

Teaching immigration Law event.pdf - use

MHC

February 23, 2021 in Conferences and Call for Papers, Immigration Law Clinics | Permalink | Comments (0)

Wednesday, February 17, 2021

Cornell Law: Berger International Speaker Series: Alice Farmer will discuss “International Refugee Norms and Their Implementation in the United States”

Cornell

Berger International Speaker Series: Alice Farmer will discuss “International Refugee Norms and Their Implementation in the United States” Co-sponsored by Cornell Migrations Initiative, Wednesday, February 24, 2021 at 12:15pm to 1:15pm

Please register for the event at hthis link.

Alice Farmer is the Legal Officer for UNHCR’s Washington D.C. office. The office serves as a resource to policymakers in drafting and implementing refugee protection measures; monitors U.S. compliance with international standards; and assists asylum-seekers and their representatives in presenting claims. Ms. Farmer oversees strategic litigation and judicial engagement, directs programming on children in the U.S., and works to ensure due process and access to counsel for asylum-seekers. Previously, Ms. Farmer served as the protection officer in the Washington office.

Prior to joining the Washington office, Ms. Farmer worked on refugee and human rights issues in various capacities for Human Rights Watch, the American Civil Liberties Union, and the Norwegian Refugee Council, as well as in other offices of UNHCR. Ms. Farmer has researched and published on the human rights of children in displacement in more than twelve countries. Ms. Farmer, in her capacity at Human Rights Watch, created and led the organization’s global campaign against immigration detention of children.

Ms. Farmer started her legal career with the U.S. Department of Justice Honors Program, in the Executive Office for Immigration Review. She has lectured on human rights at Harvard Law School, Georgetown University Law Center, and the Institut d’études politiques de Paris (Sciences Po), and published with Oxford’s Forced Migration Review, the Georgetown Immigration Law Journal, the Yale Human Rights and Development Law Journal, among others. Ms. Farmer holds a J.D. from New York University School of Law, a master’s degree in public administration from Harvard’s Kennedy School, and a bachelor’s degree from Harvard College.

KJ

February 17, 2021 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

Tuesday, February 16, 2021

WEBINAR Prison to Deportation Pipeline: Crimmigration & Black Immigrants

 

Check out this ABA webinar!  It was held on February 10.

Here is the description:

Immigration enforcement operates absent many of the protections available in the criminal justice system, resulting in heightened detention and surveillance of Black immigrants. Panelists will discuss how the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) of 1996 expanded the crimes for which a noncitizen can be deported, disproportionately impacting detention and deportation of immigrants of African descent. Panelists will describe how immigration enforcement operates in the context of immigration exceptionalism, which has shielded immigration laws and policies from many constitutional norms under the guise of sovereignty and national security. This reality has resulted in inordinate harm and suffering of Black immigrants and asylum-seekers in the United States of America.

Panelists:

  • Rebecca Sharpless, Professor of Law & Immigration Clinic Director, University of Miami
  • Kevin Johnson, Dean and Professor of Law, UC Davis School of Law
  • Kayo Beshir, Community Organizer, Tennessee Immigrant & Refugee Rights Coalition
  • Houleye Thiam, President, Mauritanian Human Rights Network
  • Moderated by Karla McKanders, Clinical professor of law and the director of the Immigration Practice Clinic at Vanderbilt University

KJ

February 16, 2021 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

Access to Justice for Immigrants: Ingrid Eagly and Ashley Harrington speaking at CU Law

All are welcome for this special lecture on access to justice for immigrants. It features Ingrid Eagly and Ashley Harrington as a leading scholar and leading practitioner on this issue. The lecture is dedicated to Breanna Boss, a CU Law student and budding immigration lawyer who tragically passed away in September 2020. Registration at cu.law/AccesstoJustice. Free with 1 CLE.

Access to Justice for Immigrants - Boss flyer 2-22-2021

MHC

February 16, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Sunday, February 14, 2021

1 in custody after 911 human smuggling call

 

The Associated Press reports that one person was in federal custody as an investigation continued into a 911 human trafficking call in Texas, federal officials said.  No other information could be provided, according to a U.S. Immigration and Customs Enforcement statement. 

State and federal authorities had been searching for a tractor-trailer in Texas that may be smuggling about 80 undocumented immigrants, and some of them may already be dead. It’s a desperate search for alleged victims of a human trafficking operation, trapped in the back of a tanker truck.

The 911 call is difficult to listen to and was one of several from someone alleging to be in the tanker. The caller said they were out of oxygen.

The comments are translated from Spanish:

Caller: “A tanker. A white tanker.”
 
Dispatcher: “White?”
 
Caller: “Yes. We are like 80 people.”
 
Dispatcher: “Do you remember who was driving?”
 
Caller: “No, we don’t know who. Help!”
 
Dispatcher: “Do you have another cell phone?”
 
Caller: “Help! Holy be God, help!”
 
Operator: “Where did you start this trip? ... I lost him.”
 
 
The calls were made to both the San Antonio Police Department and the Bexar County Sheriff’s Office.

“And so, it’s heartbreaking to hear because clearly behind the caller, in the background, you can hear others in the car, in the trailer and they’re, they’re also screaming for help in Spanish, and saying that they’re out of air,” Bexar County Sheriff Javier Salazar said.

KJ

 

 

 

February 14, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Saturday, February 13, 2021

ISI’s Global Seminar Series on Citizenship Stripping

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The Global Seminar Series on Citizenship Stripping is a series of free, online seminars open to professionals, academics and students alike, organized and hosted by the Institute on Statelessness and Inclusion. The Global Seminar Series on Citizenship Stripping aims to unpack and understand the background of and problems around citizenship stripping, presenting a different perspective by key experts on the issue in each seminar. It is part of ISI's initiative Year of Action against Citizenship Stripping.  

All seminars in the Global Seminar Series on Citizenship Stripping will take place every month on a Monday, 3 PM London / 10 AM New York.

The inaugural lecture of the series which will be taking place on 15 February at 3 PM London / 10 AM New York by Professor Matthew J Gibney from the University of Oxford. The lecture will focus on banishment and the prehistory of denationalization based on Professor Gibney’s fascinating Citizenship Studies article “Banishment and the pre-history of legitimate expulsion power." You can register for the lecture here.

The next three speakers in the Global Seminar Series on Citizenship Stripping will be:

-KitJ

February 13, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Wednesday, February 10, 2021

Insisting on Immigrant Belonging, 46 and Beyond

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Monday, February 22, 2021 | 12–1:30 p.m. ET
Zoom Registration

The federal response to immigration has shifted under the Biden administration, but executive orders alone cannot undo the historical stigma, violence and exploitation suffered by immigrant communities. What stories, hopes and continued activism should define this political moment? Join us for a conversation about immigration rhetoric, policy enforcement and possibility in the United States.

GUESTS:

William D. Lopez, Clinical Assistant Professor in Health Behavior & Health Education at the University of Michigan. Author of Separated: Family and Community in the Aftermath of an Immigration Raid.

Angela S. García, Assistant Professor in the Crown Family School of Social Work, Policy, and Practice at the University of Chicago. Author of Legal Passing: Navigating Undocumented Life and Local Immigration Law.

Adam Goodman, Assistant Professor of History and Latin American & Latino Studies at the University of Illinois at Chicago. Author of The Deportation Machine: America's Long History of Expelling Immigrants.

Moderator: Jean Guerrero, Investigative Journalist. Author of Hatemonger: Stephen Miller, Donald Trump, and the White Nationalist Agenda.

-KitJ

February 10, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Sunday, January 31, 2021

AALS 2021 Recordings Now Available

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The recordings from the 2021 AALS meeting are now available online. All you need to do is log in, click on "Schedule," search for the session you're interested in, and, finally, click "Watch Now."

Can't remember all the great immigration programming? No problem. Look for these sessions:

January 7 from 1:15-2:30 (Eastern): Outsourced Borders and Invisible Walls

January 8 from 11:00-12:15 (Eastern): Disability and Intersectionality: Celebrating 30 Years of Intersectionality and the ADA

January 8 from 1:15-2:30 (Eastern): The Future of Plyler v. Doe on Its 40th Anniversary

-KitJ

January 31, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Thursday, January 28, 2021

Experts on Measuring Immigrants’ Appearance Rate in Immigration Court. TODAY

Measuring Immigrants’ Appearance Rate in Immigration Court

What: For four years the Trump administration repeatedly relied on the flawed narrative that immigrants with pending court dates rarely show up for their hearings to justify cruel immigration policies including the zero-tolerance policy that resulted in horrific separations of thousands of children from their parents, the “Remain in Mexico” program, increasing immigration detention to record numbers, and asylum bans. However, the government’s own data tells a far different story and provides the Biden administration the opportunity to take a fresh look at immigration policy and implement data-driven policies.

Join experts who will discuss findings from a national study of government data on the rate at which immigrants appear for their hearings in immigration court and a discussion of how this information should inform policy decisions by the Biden administration and new Congress.

Who:  

  • Ingrid Eagly, professor of Law at the UCLA School of Law
  • Steven Shafer, managing attorney for the Esperanza Immigrant Rights Project in Los Angeles
  • Paul Wickham Schmidt, former immigration judge and board member for the Board of Immigration Appeals 
  • Aaron Reichlin-Melnick, policy counsel at the American Immigration Council
  • Jorge Loweree, policy director at the American Immigration Council (Moderator)

When: Jan. 28, 2021 at 1 p.m. EST / 10 a.m. PST 

RSVP: For dial-in information RSVP to Maria Frausto at mfrausto@immcouncil.org

###

January 28, 2021 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

Wednesday, January 27, 2021

Expert Roundtable: The Rohingya Genocide — PILPG (publicinternationallawandpolicygroup.org)

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Expert Roundtable on the Rohingya Genocide this Friday, Jan. 29th, from noon- 1:00 p.m.  The Expert Roundtable is hosted by the Public International Law and Policy Group and co-sponsored by Orrick (law firm).  Panelists include two academics (Prof. Greg Noone, Dean Michael Scharf), two former State Department officials (Andrew Mann, Sandra Hodgkinson), and a local Rohingya activist (Yasmin Ullah).  Event information is available here:
 
 
KJ

January 27, 2021 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

Monday, January 25, 2021

CUNY Immigration Seminar Series - Spring 2021

CUNY Immigration Seminar Series, Spring 2021
Co-sponsored by PhD Program in Sociology &
MA Program in International Migration Studies

Fridays, 3:00 to 4:30 P.M. EST on Zoom

Register online here to receive Zoom links. You can select any or all seminar sessions.
Contact: Dakota Ross-Cabrera <drosscabrera@gradcenter.cuny.edu>

February 5, 2021
Holding Fast: Resilience and Civic Engagement Among Latino Immigrants
James McCann, Professor of Political Science, Purdue University
Michael Jones-Correa, President’s Distinguished Professor of Political Science, University of Pennsylvania
Discussant: Sofya Aptekar, Associate Professor of Urban Studies, CUNY School of Labor and Urban Studies
Co-sponsor: PhD Program in Political Science, CUNY Graduate Center

February 19, 2021
Hyper Education: Why Good Schools, Good Grades, and Good Behavior Are Not Enough
Pawan Dhingra, Professor of American Studies, Amherst College
Co-sponsors: CUNY Asian American/Asian Research Institute, Hunter College Asian American Studies Program & AANAPISI Project

March 5, 2021
Citizenship Reimagined: A New Framework for State Rights in the United States
Allan Colbern, Assistant Professor in Political Science, Arizona State University
Karthick Ramakrishnan, Professor of Public Policy and Political Science, University of California, Riverside
Discussant: Monica Varsanyi, Professor of Political Science, John Jay College & CUNY Graduate Center
Co-sponsors: PhD Program in Political Science & PhD Program in Earth and Environmental Sciences, CUNY Graduate Center

March 12, 2021
The President and Immigration Law
Adam Cox, Robert A. Kindler Professor of Law, New York University Law School
Cristina Rodríguez, Leighton Homer Surbeck Professor of Law, Yale Law School
Moderator: Julie Suk, Professor of Sociology, Political Science, and Liberal Studies and Dean for Master’s
Programs, CUNY Graduate Center; Florence Rogatz Visiting Professor of Law, Yale Law School
Discussant: Anna Law, Associate Professor of Political Science & Herb Kurz Chair in Constitutional Rights,
Brooklyn College of CUNY
Co-sponsor: PhD Program in Political Science, CUNY Graduate Center

March 26, 2021
The Browning of the New South: Race, Immigration, and Minority Linked Fate
Jennifer Jones, Associate Professor of Sociology & Latin American/Latino Studies, University of Illinois at Chicago

April 9, 2021
Reuniting Families: Central American Minors between Separation and Family Reunification
Ernesto Castañeda, Associate Professor of Sociology, American University

April 23, 2021
Represented But Unequal: The Contingent Effect of Legal Representation in Removal Proceedings
Emily Ryo, Professor of Law and Sociology, University of Southern California Gould School of Law

April 30, 2021
Pursuing Citizenship in the Enforcement Era
Ming Hsu Chen, Associate Professor of Law, University of Colorado Law School
Co-sponsor: PhD Program in Political Science, CUNY Graduate Center

MHC

January 25, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Tuesday, January 19, 2021

TODAY: UC Davis Webinar — Immigration Policy: Ideas for the Biden Administration

Webinar Tuesday, Jan. 19 — Immigration Policy: Ideas for the Biden Administration

When: Noon to 1:30 p.m. PST

What: This panel is co-organized by the Global Migration Center, UC Davis; the Berkeley Interdisciplinary Migration Initiative, UC Berkeley; and the Center for Comparative Immigration Studies, UC San Diego.

Panelists:

  • Dianne Solis (immigration journalist at the Dallas Morning News)
  • Kevin Johnson (UC Davis School of Law dean), and the directors of each of three immigration research centers: Irene Bloemraad, David Fitzgerald and Giovanni Peri (UC Davis)

Moderator: Brad Jones, Department of Political Science UC Davis

More information here

Register in advance for this webinar

Reporters and audience members will be able to write in questions during the webinar.

UPDATE (1/21):  A recording of the event can be found here.

KJ

January 19, 2021 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

Sunday, January 17, 2021

CFP: Cross-Border Families under Covid-19

Call for Papers: Cross-Border Families under Covid-19

June 22-23, 2021
Zoom Workshop

Cross-border families (also known as transnational and globordered families) are a growing and diverse phenomenon. People around the globe create bi-national spousal relations, are assisted by cross-border reproduction services, or by a migrant care worker who provides care for a dependent family member. Likewise, families become cross-bordered when one of the parents relocates, with or without the child, or when a parent abducts the child. In addition, increasing rates of forced or voluntary migration create more and more cross-border families, with different characteristics and needs. While some kinds of cross-border families have attracted the attention of legal scholarship, other kinds are still neglected, and much is yet to be studied and discussed regarding the challenges embedded in the attempt to secure the right to family life in the age of globalization.

The global Covid-19 crisis provides more, and alarming, evidence of the socio-legal vulnerabilities of cross-border families. For example, bi-national couples are separated for long periods of time; intended parents are unable to collect their baby from the country of the surrogate; and families assisted by a migrant care worker, the workers, and their left behind families, are entangled in new complex relations of power and dependency. Likewise, the right to heath is at risk when a family member is denied treatment because of partial citizenship status, and questions such as the enforcement of child support across borders are even harder to address than in more peaceful times.

Crises, such as the Covid-19 pandemic, are often a methodological opportunity for socio-legal research. In many cases, a major social crisis shakes habitualization, and opens up taken for granted social scripts to individual and collective reflection. Likewise, such a crisis involves risk regulation and, in the current case, also plague governanceinvolving intense emergency regulative changes made by different nation-states that might both reveal and challenge deeply shared norms regarding familial rights and national interests. Hence, our current era lends itself more readily than stable, routinized periods to the investigation of current regulation, and the imagining of options for new regulation regarding cross-border families.

In June 22-23, 2021, we plan an international socio-legal workshop that will explore the impact of the Covid-19 crisis and its regulation on cross-border families. We hope to explore the ways Covid-19 restrictions affect cross-border families, and the role of the law, in different countries, in shaping this impact and in challenging it.

The questions during the workshop might include, but are not limited to:

  1. 1)  How does the Covid-19 crisis affect cross-border families?

  2. 2)  How do legal Covid-19 restrictions affect cross-border families?

  3. 3)  Did national jurisdictions adapted their substantial and procedural laws to meet the

    challenges faced by cross-border families during the pandemic?

  4. 4)  What can be learned from comparing different jurisdictions in their response to cross-

    border families’ needs during the pandemic?

  5. 5)  What can be learned about the interrelations between globalization, borders, families, and

    the law, from this crisis?

  6. 6)  What are the lessons to be learned from the pandemic on how can national, regional and

    international law be developed to better protect the rights of cross-border families, and those involved in their creation and everyday familial doing, in times of crisis and in more stable times?

Confirmed Keynote Speaker: Prof. Yuko Nishitani, Kyoto University Law School

The workshop will be conducted via Zoom, and is sponsored by the Minerva Center for Human Rights at Tel Aviv University. It will be open to the public, and hopefully, will set the foundations for further multinational research and collaboration.

We will give serious consideration to all high-quality relevant research, from any discipline. Work in progress is welcome, as long as the presentation holds new findings or insights and not only declaration of intent. Faculty members as well as independent researchers and advanced research students are welcome to submit.

The screening process for the workshop will include two phases:

Phase I Abstract:

Abstracts should include:
- An overview of the main question and arguments of your contribution (up to 500 words)
- Key words
- Contact details [author(s), affiliation (including institute and department), and e-mail address]
- Short bio of author/s (up to 250 words, each)
Abstracts must be in English and be submitted to this email address:
eynatm@media- authority.com
Deadline for submission: February 28th, 2021.

Phase II Summary:
Those whose abstract will be accepted, will be notified by March 31th, and will be asked to submit a 3-pages summary of their paper by April 30th. Accepted papers will be presented at the workshop. Presenters are expected to take part in all the workshop's sessions.

-KitJ

January 17, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Saturday, January 16, 2021

University of Houston Asylum Law Conference

January 29, 2021 University of Houston Joseph A. Vail Asylum Law Workshop

Immigration Law in the Time of COVID

9-1pm, keynote featuring Ira Kurzban at 12pm 

2021-0129Schedule.pdf (uh.edu)

Webinar Registration - Zoom

For questions about the workshop contact:
Geoffrey Hoffman, Immigration Clinic Director
at ghoffman@central.uh.edu or 713-743-2094

January 16, 2021 in Conferences and Call for Papers | Permalink | Comments (0)

Thursday, January 14, 2021

Lessons from The President and Immigration Law for a new administration

UPDATED 1/14/21 (earlier post 12/30/21 and here and here)

Earlier this year, ImmigrationProf Blog highlighted The President and Immigration Law (2020) by Adam Cox and Cristina Rodriguez. Since then the book has garnered widespread attention among academics and policymakers that may influence the incoming administration. 

A Balkinization symposum examines the landscape of immigration federalism, the separation of powers, and administrative procedure for the assertion of executive power in immigration law. It does this in several essays by Pratheepan Gulasekaram (Santa Clara Law), Aziz Huq (University of Chicago), Peter Markowitz (Cardozo Law), Daphna Renan (Harvard Law), Shalev Roisman (University of Arizona), Bijal Shah (Arizona State University Sandra Day O'Connor College of Law), Peter Shane (Ohio State Moritz College of Law), and Robert Tsai (B.U.). 

An online symposium on Just Security extends the lens of analysis to the generation of national immigration policy, with essays from former government officials and immigration practitioners such as Lucas Guttentag (ACLU Immigrants Rights Project, previously US Citizenship and Immigration Service), Alan Bersin (Covington & Burling), Tom Jawetz (Center for American Progress), Josiah Heyman (Center for Interamerican and Border Studies), Margo Schlanger (University of Michigan, formerly US Department of Homeland Security), Nicholas Espiritu (University of California Los Angeles). UPDATE 1/3/2021: The list of symposium contributors has been updated.

A Migration Policy Institute webinar and podcast featuring the authors in conversation with Elena Goldstein, Deputy Bureau Chief, Civil Rights Bureau, New York State Office of the Attorney General, and Sarah Pierce, Policy Analyst, Migration Policy Institute examines the Trump administration’s substantial use of executive power to change the country’s course on immigration, and how the president’s role in immigration policy is a inevitability that should be carefully considered and reimagined in any blueprint for immigration reform or strategy for activism on immigration.

A sneak peak of my book review, “Lessons from History on the Future of Presidential Policymaking in Immigration Law,” appears below (edited for length and clarity). The full-length review will appear in The New Rambler in 2021. UPDATE 1/14/21: The full book review is now posted.

Review of The President and Immigration Law (by Adam Cox and Cristina Rodriguez)

The President and Immigration Law offers a historically-grounded, doctrinally-precise description of issues that began at the Founding and have continued during the Obama administration and the Trump administration. Of late, these issues have been overtaken by partisan politics. Scholarly and political opinions abound without establishing a sound foundation. But it is on the foundation of history and legal analysis that Cox & Rodriguez offer their normative assessment of executive policymaking through the exercise of enforcement discretion. The translation of deep scholarly analysis into smart on-the-ground analysis of policy implementation – how to get things done - is where the authors will make a real practical difference. They are able to interpret the lessons from history for the future of presidential policy.

As someone who writes at the intersection of immigration and administrative law, I especially appreciate the authors’ effort to go beyond the contestation of the President versus Congress to delve deeper into the relationship of the president and bureaucracy. The immigration bureaucracy is the arms and legs beneath the executive head. The details of how the bureaucracy implements policy is where the authors’ normative ideals will gain the most traction. Comparing different styles of immigration enforcement under multiple administrations will be useful to the Biden administration. The initial tasks in Biden’s promise to “build back better” are clear. Executive authority can be used to reverse the priorities in immigration enforcement right away. Yet doing this effectively involves nuanced assessments of the administrative apparatus of immigration law.  On the one hand, reversing many Trump policies will be quick and easy with the continued use of executive authority to regain control of the immigration bureaucracy. But on the other hand, institutionalizing these changes in a centralized mechanism of enforcement will require navigating the nuances of administrative procedure.

Going further to transform immigration policy will require Congress’ cooperation. The full extent of what is possible in a Biden administration depends on political conditions. Those political conditions will determine whether Comprehensive Immigration Reform is possible after nearly a decade of failed attempts. It is not up to Biden alone to define what is politically possible. But the parameters of what is theoretically possible is clear from Cox & Rodriguez’s book.

MHC

January 14, 2021 in Books, Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

University of Houston Law Center: Immigration in the Time of COVID 19: Asylum and Beyond

 
 

Immigration in the Time of COVID 19:
Asylum and Beyond

KEYNOTE SPEAKER:
IRA KURZBAN

American Civil Rights and Immigration Lawyer

 

Click Here to RSVP

 

Friday, January 29, 2021
9 AM – 1 PM (CDT)
Complimentary due to COVID 19
Texas CLE pending

 

Schedule

 

For questions about the workshop contact:
Geoffrey Hoffman, Immigration Clinic Director
at ghoffman@central.uh.edu or 713-743-2094

The University of Houston is a Carnegie-designated Tier One research institution and an EEO/AA institution.

KJ

January 14, 2021 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

Thursday, January 7, 2021

AALS 2021: New Voices in Immigration Law

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It was more than a little surreal to begin our New Voices in Immigration Law session on Wednesday at 4:15PM Eastern, smack in the middle of "Coup Wednesday," as one attendee called it. Nonetheless, it was a wonderful and welcome distraction from the craziness of the world for us to come together and support junior colleagues as they try to actively change the world for the better!

First, we discussed Eliminating Fugitive (Alien) Disentitlement by Tania N. Valdez (Denver). This paper describes how the fugitive disentitlement doctrine migrated from criminal proceedings to civil immigration proceedings, works through the justifications raised for allowing this migration, and ultimately argues that the doctrine should not extend to the immigration context. I have to give props to Tania for introducing me to a doctrine that I had no idea existed and certainly would never have guessed was being applied to migrants IN CUSTODY. (Yeah, you're hooked now, aren't you!)

Second, we discussed Unenforced Split-Enforcement in Immigration Agencies by Beth K. Zilberman. This paper analyzes USCIS’s shift in mission away from the “service” of fair and efficient adjudication of immigration and citizenship applications towards enforcement of draconian immigration laws that make millions of people vulnerable to deportation. Her piece uses an administrative law framework (which brought cheers from the imm/admin law geeks in the room), specifically the institutional and agency design choices that have enabled and encouraged USCIS to contravene congressional separation of enforcement functions. Beth, too, deserves mad props. I wrote all over the margins of her paper while reading it: "MUST address this in next Immigration course!" I routinely describe USCIS to my students as the "service" branch without qualification. Beth's paper made me (and attendee Stella Burch Elias who raised a very similar point despite not seeing my very insightful margin notes) realize that we must provide a more nuanced description in the future.

All in all, a great event. There's nowhere else I'd rather have spent a coup.

Keep your eyes peeled for when these two excellent papers make it into a law review journal near you!

-KitJ

January 7, 2021 in Conferences and Call for Papers, Law Review Articles & Essays | Permalink | Comments (0)

Monday, January 4, 2021

Administrative Law Review Podcast: Racism in Immigration Law

Season 2, Episode 11: Series on Racism in Administrative Law, Part 3: Immigration

This episode of  A Hard Look  is the third in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country.

On this episode, host Brendon and guests, Dean Kevin Johnson and Professor Carrie Rosenbaum, discuss how immigration law, administrative law, and racism have historically intersected in several major Supreme Court cases on immigration. The guests also talk about the use of critical race theory in immigration academia, some of the barriers to immigration reform, and the recent Supreme Court decision in Department of Homeland Security vs. Board of Regents of the University of California.  Professor Carrie Rosenbaum authored “UnEqual Protection in Immigration Law” for the Yale Journal of Regulation. 

The series was inspired by the Yale Journal of Regulation’s Symposium on Racism in Administrative Law. 

KJ

January 4, 2021 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)