Professor Jennifer Koh has published, “Anticipating Expansion, Committing to Resistance: Removal in the Shadows of Immigration Court under Trump,” in the Ohio Northern Law Review, 43 Ohio N.U. L. Rev. 459 (2017). This invited symposium essay discusses the early indications of the Trump Administration’s plans to expand what Professor Koh has called the “shadows” of immigration court, referring to mechanisms in which the government deports people with little to no involvement from immigration courts and judges. It considers the implications of such an expansion for immigrant communities and for advocacy in the immigrants’ rights field, with a focus on the potential for both legal and non-legal interventions. It concludes by calling on lawyers, organizers and allies to consider the explosion of shadow removals in resistance efforts.
Professor Jennifer Koh has published, “Removal in the Shadows of Immigration Court” in the Southern California Law Review. The Article contends that critiques of immigration adjudication are incomplete and understated, because they have failed to account for the following reality: the vast majority of persons ordered removed never step foot inside a courtroom. Even when cases commence before the immigration courts, a substantial number result in removal orders without adjudication of the merits of the case. Removal in what this Article calls the “shadows of immigration court” has far eclipsed standard removal proceedings. The Article provides a descriptive account of five types of removal orders that comprise immigration court’s shadows: (1) expedited removal at the border, (2) reinstatement of prior removal orders, (3) administrative removal of non-lawful permanent residents with aggravated felony convictions, (4) stipulated removal orders following waivers of the right to a court hearing, and (5) in absentia orders for failure to appear in immigration court. The Article identifies several concerns that apply to mainstream immigration court proceedings, and asserts that those critiques are amplified in such shadow proceedings. It concludes by arguing for more sustained inclusion of shadow proceedings in reform proposals directed at improving immigration adjudication. The citation for the article is Jennifer Lee Koh, Removal in the Shadows of Immigration Court, 90 S. Cal. L. Rev. 181 (2017).