Gumming Up the Wheels of Injustice

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Session Type: Concurrent Sessions

Session Capacity: N/A

Hotel: N/A

Room: Franciscan D

Floor: Ballroom Level

Since the 2016 Presidential Election, law school clinicians have had to make continuous shifts in their pedagogical methods that are not only responsive to the constant divisive changes under the Trump Administration, but also to empower and equip students with necessary lawyering skills to confront these challenges. The history of immigration laws demonstrate that the Trump Administration is the symptom, not the cause of the U.S. division on immigration enforcement and that such a polarization is likely to continue. Up and coming generations of lawyers must be prepared to defend their clients against these injustices and critically thinking of litigation tactics that will slow the administration’s efforts.
During this time, we find ourselves pivoting in balancing these needs, while also teaching our students how to “gum up the wheels” of the government’s “winner takes all” approach. The panel will explore questions, benefits and challenges that arise when law students engage with an adversary, such as the Trump Administration, that bends the rule of law for its own benefit. The panel will also discuss a variety of methods and tactics used in their respective clients that directly responded to the November 2016 election and continue to respond as the Trump Administration implements their immigration enforcement policies.
The methods, tactics and issues to be discussed include the following: representing detained clients at risk of imminent deportation; negotiating with hostile opposing counsel; collaborating with grass roots organizations and building coalitions; advocating for local and state policy change; media advocacy to create social change; impact litigation; post deportation defense; dealing with “crises,” or constant changes in immigration enforcement; redefining client victories; and exploring the value of defending the rule of law even when cases are unlikely to be successful.