Sessions Information

  • May 2, 2018
    9:00 am - 10:30 am
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Burnham 2
    Floor: Seventh Floor

    Immigration Courts as a Veneer of Due Process: Adjudicating Unsubstantiated Gang Allegations

    Saba Ahmed, University of the District of Columbia, David A. Clarke School of Law

    The Department of Homeland Security accompanied this past year’s immigration enforcement increase with stringent rhetoric and actions against immigrant gangs, notably MS-13. As ICE officers cast a wide net to detain immigrant youth, its attorneys allege gang membership in removal proceedings in immigration court, often with little to no substantiation. Detained immigrants in removal proceedings are severely disadvantaged by these allegations as many forms of legal relief are discretionary. Additionally, because of the accepted processes in immigration court, they are usually denied a meaningful opportunity to address and rebut these allegations.

    While practitioners have sounded the alarm on DHS’ overuse of gang allegations – decrying it as racial profiling, sharing information and advice, and training colleagues to address unsubstantiated allegations – they operate within the confines of immigration court practices. The article identifies that immigration courts, by their very structure, are not set up to vindicate immigrants’ rights. The increasingly frequent use of unsubstantiated gang allegations highlights the problems of pro se appearances, lax evidentiary standards, and unchallenged deference to law enforcement. The article notes that the more appropriate and, indeed, successful venue has been federal court, where due process protections provide a fair trial for immigrants.

     

    Legitimating the Immigrant Family

    Gillian Chadwick, Washburn University School of Law

    The concept of legitimation represents a widening chasm at the intersection of immigration and family law. The BIA and courts’ persistent reliance on legitimation as a dispositive factor in determining who counts as a “real” family is increasingly at odds with family law’s complex, nuanced, and ever-more inclusive vision of family. The BIA and courts tend to significantly privilege parent-child relationships linked by biological or pseudo-biological connection, despite the INA’s reliance on state family law frameworks that have evolved beyond that narrow idea. In the context of derivative citizenship, the exclusionary forces at the heart of immigration law override family law’s inherent drive to include children and protect families. Whether it is the intent or merely a biproduct of a pretext driven by the exclusionary imperative of immigration law, the result is the same: the BIA and courts cling to the otherwise obsolete notion of legitimation, which has its roots in an archaic social norm designed to control reproduction and with it, the female body. This paper argues that immigration law should cede to family law’s inclusionary concept of the family, pushing back against the inherent exclusionary interests at the heart of modern immigration law.

Session Speakers
University of the District of Columbia, David A. Clarke School of Law
Works-in-Progress Presenter

Washburn University School of Law
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.