Misplaced
Territoriality: A Critical Approach to States’ Newest Attempt to Justify Local
Immigration Detention
Katherine Evans, University of Idaho College of Law
The Trump
Administration’s aggressive immigration enforcement campaign relies upon local
law enforcement agencies’ participation. The dramatic increase in immigration arrests during President Trump’s
first year was only possible by enlisting thousands of police officers and
deputy sheriffs across the country to detect and detain unauthorized
immigrants. The immigration detainer is a key part of this strategy, as it
calls on local law enforcement to hold those who may have violated the
immigration laws so that immigration officials then assume custody. In
response, immigrant rights advocates have challenged detainers with mounting
success, prompting the administration to revise and re-revise its policy. As
the arms race over detainers continues, some local jurisdictions are seeking
cover in laws that predate their State, enacted in territories and young States
to require cooperation between federal and local law enforcement. Yet the history of these provisions and the requirements
that accompanied them reveal that they do not provide the shield local
enforcement agencies seek. This history
also shows that the Administration’s latest foray in the war over detainers
turns local agencies into unwitting participants in immigration enforcement,
and renders them vulnerable to significant civil liability.
Gaps and Apps: Using
Immigration Self-Help Apps to Address Gaps in Legal Services for Non-Citizens
Luz E. Herrera, Texas A&M University School of Law
Fatma Marouf, Texas A&M University School of Law
One of the
most pressing issues in legal services today is how to use technology in
effective and innovative ways to assist more people while still providing high
quality legal advice and upholding ethical obligations. This is a particularly
urgent issue in immigration law, due the large number of unrepresented
individuals facing deportation. Additionally, the substantial income gap
between those who can afford an attorney and those who qualify for free legal
services means that many noncitizens who are eligible to apply for some sort of
legal status are not able to do so. Part I of our Article will discuss the gaps
in legal services for noncitizens, especially in certain geographical regions.
Part II will examine some of the apps that have already been developed to
assist immigrants and discuss the potential for expanding these apps to help in
more complicated cases, including deportation defense cases. Part III will
explore the practical, legal, and ethical challenges involved in developing
these types of apps, including the complex and dynamic nature of immigration
law. Finally, Part IV will propose strategies for mitigating these challenges
and reforms that would facilitate the expansion of legal assistance through
technology.