Sessions Information

  • May 2, 2018
    9:00 am - 10:30 am
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Salon 12
    Floor: Third Floor

    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.

     

Session Speakers
Loyola Law School, Los Angeles
Works-in-Progress Presenter

Tulane University Law School
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.