Are Human Rights Clinics
the New NGOs?
Mary Hansel, Loyola Law School, Los Angeles
Originally
envisioned as pre-“real-world” incubators for fledgling attorneys, clinics have
emerged as civil society and legal actors in their own right with undeniable
impact. This paper will acknowledge the advances in human rights that clinics
have spearheaded, including litigating cutting-edge cases before international
bodies and reframing a range of social justice issues as human rights concerns.
The paper will then look at the ways in which clinics are less constrained, and
at times more effective, than NGOs in conducting human rights work. For
example, clinics are typically less beholden to donor agendas in selecting
projects and, by virtue of their academic character, carry a stamp of apparent
neutrality that may bolster credibility and persuasiveness. Likewise, the paper
will examine those respects in which clinics are more limited than NGOs (for
example, as a result of pedagogical considerations). In recognition of the
developing role of clinics, the paper calls for greater coordination, cooperation
and knowledge-sharing among clinics and the rest of the civil society. To this
end, a proposal is set forth for the creation of a confidential database of
human rights clinical project work.
Dismantling the School to Deportation
Pipeline
Laila L. Hlass, Tulane University School of Law
Allegations
that young immigrants are gang members, fueling violent crime, have topped headlines
recently. AG Sessions stated, "[w]e are now working with DHS
and HHS to examine the unaccompanied minors issue and the exploitation of that
program by gang members who come to this country as wolves in sheep clothing.
"Simultaneously, advocates have decried the use of gang allegations in
immigration proceedings as the New Red Scare, where flimsy evidence can result
in automatic deportation for young people.
Gang
allegations can impact immigration status in many ways, making immigrants
priorities for enforcement, rendering them ineligible for protection, and
increasing chances of detention, with devastating consequences
for their likelihood of success. Additionally, most immigration benefits are
discretionary, so a mere allegation can be sufficient for an adjudicator to
negatively exercise their discretion.
This article
describes the trend of gang allegations in immigration proceedings, based on
findings from a national survey and qualitative follow-up interviews that I
conducted with the ILRC. It discusses how immigrant youth are particularly
vulnerable to gang allegations. Next it outlines legal issues raised in
immigration proceedings when gang allegations come into play. Lastly, it
suggests strategies to combat allegations and dismantle the school to
deportation pipeline.