Constitutional Issues in Immigration Law
This course examines issues in immigration law that raise constitutional questions. To do that we will study the historical evolution of United States immigration law, how it was shaped by xenophobia and has operated to exclude and marginalize non-white immigrants. Students will consider how judicial interpretations of immigration statutes and regulations have operated to enshrine and maintain systems of white supremacy and reflect on how effective legal advocacy requires challenges to the existing system as a whole. Specifically, this course will cover: the Court’s use of the plenary power doctrine, state and local attempts to enact immigration policies and whether courts found them preempted by, our system of immigration detention (including when indefinite detention is constitutional), the doctrine of consular nonreviewability and the due process rights non-citizens have in removal proceedings and elsewhere in society. Over the course of the semester, students will write and present an academic paper on an immigration-related topic of their choosing. Prerequisite: Constitutional Law I.