Deportation, Post-Deportation, & Human Rights (LAW-795-011)
Kanstroom
Meets: 01:00 PM - 02:50 PM (W) - Room 314
Enrolled: 7 / Limit: 20
Notices
May write paper for 1 additional credit
Description
The main focus of this seminar is the deportation system of the United States. We will first examine the history of U.S. deportation and its roots in various related systems including colonial “warning out” systems, fugitive slave laws, “colonization” plans for freed slaves, etc. We will closely examine the specific development of the federal deportation system in the late nineteenth century laws excluding and deporting Chinese workers. We will then examine and discuss a variety of advanced topics in current U.S. immigration and deportation law, including expedited removal, “terrorist” bars, pre- and post-order detention, the applicability of the Fourth Amendment, and selective prosecution. Our focus will be both theoretical and practical. We will consider such questions as: Why does deportation exist? Is it necessary? How could this system work better, more humanely, etc. What should the focus of the new Administration be?
We will then move to the nascent filed of “post-deportation” law: an arena that seeks to redress such inevitable mistakes in the deportation system as the wrongful deportation of U.S. citizens, motions to reopen in cases where a non-citizen should not have been deported due to mistakes of law or fact, and cases of extreme hardship. We will look to European and other systems of Human Rights law and to history for standards and models.
This is a two credit seminar, with an optional third credit. Immigration Law or an Immigration Law clinic is a pre-requisite. The seminar requires active participation and the completion of a research paper or project (such as the drafting of proposed regulations) of approximately 15-20 pages related to deportation or post-deportation law. Students may earn a third credit for a second project (or for expanding the first by about 15 pages). There is no final examination. Grading will be based upon class participation, various types of in-class exercises, and the research and writing projects
Textbooks and Other Materials
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First Class Readings
Not available at this time.
Syllabus
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