LAW7386 - Clinic: Immigration Detention and DACA

LAW7386 - Clinic: Immigration Detention and DACA

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This clinic will respond to legal needs created by recent changes in federal immigration policy, which include aggressive immigration enforcement, a massive increase in immigration detention, and the termination of the Deferred Action for Childhood Arrivals program (DACA), which had provided protection against removal and work authorization for hundreds of thousands of young people who came to the U.S. as children and have lived here most of their lives. Students in this clinic will represent non-citizens taken into custody by immigration authorities in their efforts to secure release from detention; and will counsel young people who are losing protection under DACA about whether they are eligible for other immigration options and assist them in preparing their applications for relief. Students will exercise primary responsibility in representing clients, including appearing at custody redetermination hearings in immigration court to argue for their clients' release from detention. Students will interview and counsel clients, investigate the facts supporting their claims, prepare supporting documentation and legal arguments, and in some cases, represent clients in motions, hearings, or other immigration proceedings. The specific matters to be handled by this clinic will be determined in part by the legal needs and opportunities presented in a rapidly-changing legal landscape. Classroom seminars focus on the substantive and procedural law relevant to immigration detention, DACA and its rescission, and eligibility for immigration relief; the lawyering skills that students will utilize in their cases; and discussion of legal, tactical, and ethical issues that arise in the context of the casework. This is a one semester clinic.