On December 2, Professor Jennifer Koh spoke on a panel entitled, “The Impact of Immigration Enforcement on Higher Education” during a plenary session of the Higher Education Labor-Management Conference. The conference took place at California State University Long Beach, and was organized by the National Center for the Study of Collective Bargaining in Higher Education and the Professions at Hunter College. Professor Koh’s comments focused on the potential benefits and limitations of sanctuary campuses and trends in immigration enforcement, particularly as they relate to university students.
Jennifer Koh Speaks at Orange County Family Violence Conference
On November 3, Professor Jennifer Koh spoke at a panel entitled, “A Changing Landscape: Immigrant Survivors of Family Violence in 2017,” at the Orange County Family Violence Conference. The panel was moderated by Prof. Wendy Seiden of Chapman’s Dale Fowler School of Law and attended by a number of social service providers from across Orange County.
Jennifer Koh Delivers Comments on Immigration Reform to Laguna Woods Democratic Club
On November 8, Professor Jennifer Koh was the featured speaker at the Laguna Woods Democratic Club’s monthly meeting. She spoke on “Immigration and the Need for Humane Reform.”
On October 13, Professor Jennifer Koh spoke on a panel at the American Immigration Lawyers Association’s Rocky Mountain Conference on Crimmigration in Denver, Colorado at the University of Denver Sturm College of Law. The panel focused on legal strategies to defend against expedited removal and reinstatement of removal, two forms of removal used by the Department of Homeland Security to deport immigrants without providing immigration court hearings.
Immigration Clinic Staff Attorney Sabrina Rivera recently presented at the Hispanic National Bar Association’s (HNBA) Annual Convention in Kansas City, Missouri, attended by more than 700 attorneys and legal professionals. She served as a panelist in a seminar entitled, “Stand Up, Fight Back! Advocating for Vulnerable Immigrant Populations Through Community Lawyering Under the Trump Administration,” which addressed the current administration’s executive orders and immigration enforcement priorities, community lawyering principles, and advocacy tactics for vulnerable immigrant populations. HNBA is the largest national association of Latino legal professionals, comprised of lawyers, law professors, students, legal professionals, state and federal judges, legislators, and bar affiliates operating across the country.
On July 21, Professor Jennifer Koh co-authored an amicus brief on behalf of 35 immigration law professors and clinicians in Garcia-Martinez v. Sessions, No. 16-72940, arguing that the immigration law definition of a “crime involving moral turpitude” is unconstitutionally vague under the void for vagueness doctrine. The amicus brief drew upon arguments discussed in Professor Koh’s 2016 law review article, Crimmigration and the Void for Vagueness Doctrine, 2016 Wis. L. Rev. 1127. The brief was co-authored by Professor Kari Hong, an Assistant Professor at Boston College Law School.
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).
Professor Jennifer Koh recently published Crimmigration and the Void for Vagueness in the Wisconsin Law Review. The article discusses the application of the void for vagueness doctrine to crime-based removal provisions in the immigration law. It argues that the federal courts should find several immigration provisions unconstitutionally vague because the twin values animating vagueness doctrine–providing reasonable notice and preventing arbitrary or discriminatory law enforcement practices–apply with exceptional force in immigration, an area of law in which the liberty stakes of the crime-based removal grounds are high, notice is critical, and the risk of arbitrariness and discrimination by government actors at multiple levels is acute. The article was cited in the merits brief of the Respondent as well as the amicus brief submitted by the National Immigration Project to the United States Supreme Court in Sessions v. Dimaya, a case involving whether 18 U.S.C. sec. 16(b), as incorporated into the federal immigration law, is unconstitutionally vague. The citation for the article is 2016 Wis. L. Rev. 1127.