NYU School of Law

Immigrant Rights Clinic

Introduction

The Immigrant Rights Clinic is a leading institution in both local and national struggles for immigrant rights. Our students engage in direct legal representation of immigrants and community organizations in litigation at the agency, federal court, and where necessary Supreme Court level, and in immigrant rights campaigns at the local, state, and national level. Each student, along with a student partner, will typically have the opportunity to represent both an individual or a set of individuals in litigation (such as a removal proceeding or appeal, detention litigation, or a civil suit) as well as a community organization in a campaign (such an organizing project or legislative campaign). We choose our docket in consultation with our community partners and engage in work that is responsive to community needs. Students have direct responsibility for these cases and the opportunity to build their understanding of legal practice and the field of immigrant rights law and organizing.

The work of the clinic centers on three major areas. First, since the overhaul of the immigration laws in 1996, all noncitizens face a vastly changed system for detention and deportation. For noncitizens who have been accused of crimes, there is a de facto dual system of criminal law in which even a misdemeanor conviction can lead to mandatory detention and deportation, even for persons who have been legally present in the United States for most of their lives and who have United States citizen spouses and children. In addition, various provisions of the laws have created hurdles to judicial review of the rights of noncitizens. The clinic represents individuals facing detention and deportation and has developed theories to protect immigrants from expansive readings of these laws and to protect access to the courts. It has also worked with immigrant community organizations on a variety of strategies to revise these laws and change the way that they are enforced in practice.

Second, in recent years the Department of Homeland Security (DHS) has greatly increased arrests, detention and removal under existing law. After the attacks of September 11, 2001, these enforcement efforts placed particular pressure on Arab, Muslim and South Asian communities, through specific programs for registration, arrest and detention. The clinic worked with groups challenging these programs, to document abuses, to counsel immigrants, to represent individuals who face deportation as a result of these initiatives, and to develop theories to combat discriminatory programs. More recently, enforcement has spread fear in immigrant homes and workplaces where the very immigrants who are the subject of bi-partisan efforts to create a new “path to citizenship” are at risk of arbitrary detention and deportation. In addition, DHS has raided buses and trains, detaining long time immigrants in the name of border patrol. DHS also has an increased presence throughout the criminal justice system and uses that system to target people for deportation regardless of their immigration status or whether they are in fact convicted of a crime. The clinic represents persons identified through these raids, and works with community groups to combat the increased melding of immigration and criminal enforcement.

Third, New York is a center for immigrant organizing. The clinic provides non-litigation support to these groups' various campaigns to secure rights, defeat anti-immigrant programs, and achieve dignity and respect.

Course Description

Fieldwork
In the fieldwork component of the Immigrant Rights Clinic, students provide direct legal representation to immigrants and immigrant organizations. Students have direct responsibility for all aspects of their cases and projects.

In litigation matters, students enrolled in the clinic serve as the lead attorneys on cases at all stages of legal proceedings, from initial client interviews through fact development, interviewing witnesses, drafting pleadings, counseling, negotiation, discovery, motion practice, trial, appellate brief writing and argument. The litigation docket includes both defensive cases and affirmative litigation on behalf of immigrants. The clinic appears in immigration courts as well as federal district and appellate courts.

The clinic's non-litigation work arises out of the campaigns of community-based immigrant organizations. These campaigns may involve legislative drafting, development of media strategies, planning for meetings with legislative or administrative officials, public education or documentation. Through the clinic's work with organizations, students explore a range of ways of being a social justice lawyer. The students act as the lawyers for groups in these various advocacy efforts. The non-litigation docket will reflect a range of issues around which there is local activism and there are groups whose work we can support.

Each student in the clinic will handle at least one individual and at least one group matter. The individual cases all involve litigation. The group cases will typically involve non-litigation advocacy. Cases and projects are distributed to the extent possible, according to student preference, within the basic parameter that every student will work on an individual and a group matter. The following examples of fieldwork from the Immigrant Rights Clinic docket from the past several years are illustrative of the individual case work that we do:

• Representing a young woman who arrived as an unaccompanied minor but was not provided with the mandatory protections due to such minors. When we took on the case, it had been remanded by the Board of Immigration Appeals for further proceedings. In 2010-2011, students developed factual and legal arguments for reinstatement of the court’s prior order terminating proceedings. In addition, they have investigated alternative forms of potential relief for our client. This case was referred by The Door.
• Representing a lawful permanent resident from the Dominican Republic who was denied naturalization on grounds that we believe to be illegal, and was then placed into removal proceedings. In 2010-2011, students took on a federal challenge to the stated ground of ineligibility for naturalization as well as his removal hearing. Students also assisted our client in obtaining a gubernatorial pardon of his one and only conviction. This case was referred by a private attorney.
• Representing a lawful permanent resident from the United Kingdom who was placed into removal proceedings and detained for several months based on past criminal convictions, despite her forty-eight years of residency and deep family ties to the United States. In 2010, students began representing her while she was detained in Monmouth County Jail, successfully advocated for her release after filing a federal district court habeas petition, sought and won a discretionary hearing for “cancellation of removal” in federal immigration court in 2011. This case was referred by the Dutchess Collaborative Reentry Project.
• Representing a lawful permanent resident from Costa Rica who is facing deportation based on past criminal convictions, despite her ongoing struggle with Stage IV breast cancer. In Spring 2010, students briefed and argued her eligibility to seek discretionary relief under former 212(c) of the Immigration and Nationality Act, and won a tentative ruling from the federal immigration court that she is eligible for that relief. In Spring 2011, students will be conducting a full 212(c) hearing, presenting our client and witnesses at trial to persuade the judge to waive the grounds of removal in her case. 
• Representing a lawful permanent resident from Haiti who is facing deportation based on two New York misdemeanor convictions, based on the government’s assessment that these convictions are “crimes involving moral turpitude.” In 2010-2011, students are representing him on his petition for review with the U.S. Court of Appeals for the Second Circuit and a motion for reconsideration with the Board of Immigration Appeals. In Spring 2011, the students will be briefing the question of whether his past convictions are deportable offense, along with related questions regarding his past counsel’s ineffective assistance and the denial of discretionary relief in proceedings below.
• Representing immigrants who have been cut off illegally from Temporary Protected Status on the basis of non-criminal violations and traffic infractions. These immigrants have been left in limbo and are vulnerable to arrest and detention due to their lack of documentation. In 2008-2009, the clinic successfully resolved litigation for a client to require continued provision of documentation of TPS status. In 2009-2010, the clinic continued to represent other immigrants with the same legal problem and succeeded in obtaining a systemic solution to the unlawful termination of Temporary Protected Status. The original case was referred by Central American Legal Assistance.
• Representing a young man who was placed in removal proceedings after complying with the Special Registration Program, which targeted men from 24 predominantly Muslim countries. Past IRC students succeeded in having the removal proceedings terminated by the immigration judge. After the case was remanded by the agency’s appellate body, we submitted briefs to the Immigration Judge on alternative grounds for resolving our client’s immigration status. We are awaiting a decision on our applications. This case was referred by the Asian American Legal Defense and Education Fund. 
• Representing a long time lawful permanent resident from Trinidad and Tobago who is facing deportation and a permanent bar to returning to his family in the U.S. due to his one-time fraud conviction. In 2010, we filed briefs in the United States Court of Appeals for the Second Circuit seeking reversal of the agency’s decision. Following a denial of our client’s petition, in 2011 we are drafting a motion to reopen and reconsider with the Board of Immigration Appeals and working with outside counsel to file a petition for certiorari to the Supreme Court. This case was referred by Families for Freedom, of which our client is a member and activist.
• Representing a young woman who was arrested when traveling cross-country on a train. Our client was racially profiled and arrested by Border Patrol officers. We sought termination of her proceedings before the immigration judge. That motion was denied and we are now pursuing alternative relief. This case was referred by LatinoJusticePRLDEF.
• Representing a long time lawful permanent resident from Barbados who was illegally held in New York City jails without legal authority when his immigration detainer expired. Our client filed a damages action in the Eastern District of New York pro se. In 2008-09, the clinic took on the case, amended the complaint, began discovery and obtained a substantial settlement for our client. This case was referred by The Legal Aid Society.
• Representing an immigrant arrested in a home raid in which DHS agents violated a host of agency regulations. Our client was asleep in his bed when DHS agents came his home and obtained entry through deceptive tactics. This year, students will file a brief on appeal to the United States Court of Appeals for the Third Circuit. This case was referred by Catholic Charities of New Jersey. 
• Representing a long time lawful permanent resident from Ecuador who was erroneously denied naturalization and was placed in removal proceedings. In 2010-2011, students will conduct the administrative hearing in her case. This case was referred by the Legal Aid Society.
• Preparing litigation for an individual held in New York City custody under a detainer and denied the ability to post bail and defend a criminal case out of custody. In 2010-2011, students developed legal theories to challenge detainers and will represent an individual held under such a detainer.
• Representing a young lawful permanent resident who is gay and facing deportation to Jamaica based on two petty misdemeanor convictions. In 2009-2010, students submitted a successful motion to terminate the proceedings. This case was referred by The Door.

The following examples of fieldwork from the current Immigrant Rights Clinic docket are illustrative of the group case work that we do:

• Representing Families for Freedom (FFF), a multi-ethnic organization of families fighting detention and deportation policies. In 2010-2011, students have been working with FFF to support their Speakers Bureau (a ten-week training course designed to educate and support new leaders in immigrant rights organizing in the New York area) and to engage in advocacy around the use of gubernatorial pardons as a means of ensuring justice for immigrants facing deportation based on past criminal convictions. In past years, students have also worked on FFF’s advocacy campaigns to enact the Child Citizen Protection Act, a House bill that would provide immigration judges with the discretion to consider the best interests of U.S. citizen children before deporting their parents, and engage in advocacy with consulates to ensure that they can better protect the rights of their nationals. 
• Representing the Immigrant Defense Project of the New York State Defenders’ Association (IDP) in a campaign to educate judges and courts about their role in ensuring compliance with the Supreme Court’s decision in Padilla v. Kentucky, which held that defense counsel have a constitutional duty to advise immigrants about the immigration consequences of their pleas and convictions. In past years, students have assisted the Immigrant Defense Project in litigation campaigns, including a successful campaign to limit overly broad application of mandatory deportation rules in cases involving misdemeanor drug convictions.
• Representing Domestic Workers United (DWU) in advocacy to ensure the enforcement of the New York Domestic Workers Bill of Rights, the first state legislation of its kind to protect the rights of domestic workers. In previous years, students worked on DWU’s successful legislative campaigns with the New York State Legislature and the New York City Council to get key protections enacted into law. 
• Representing Wind of the Spirit (WOS), a grassroots group in New Jersey in its campaign to change the policy of the local community college in Morris County of excluding admission to undocumented students. In past years, students worked with WOS to stop Morristown from entering into a “287(g)” agreement that would allow local police to act as immigration officers.
• Representing the Northern Manhattan Coalition for Immigrant Rights (NMCIR) in its efforts to draw attention to the consequences of current deportation laws on the Dominican community. In 2010-2011, students worked with NMCIR to combat policies that illegally deny naturalization to eligible noncitizens.  In past years, clinic students drafted a report for NMCIR on how current law and practices affect the Dominican community in New York and helped NMCIR develop and advance proposals to restore judicial discretion in immigration proceedings.
• Representing the New Sanctuary Coalition, a coalition of churches and faith groups, in its campaign to stop collaboration between the New York City Department of Corrections (DOC) and Immigration and Customs Enforcement (ICE). In 2009-2010 we worked with the Coalition on monitoring implementation of an agreement that limits ICE interviews to those person in DOC custody who provide written consent to such an interview.
• Representing national immigrant advocacy groups in amicus filings before the circuit courts and the Supreme Court on issues related to detention and deportation. In 2010-2011, the clinic developed a strategic plan in the event of a grant of certiorari on bars to asylum relief and will prepare amicus materials for a case on remedies for ineffective assistance of counsel. In past years, clinic students drafted amicus briefs to the United States Supreme Court that provided contextual information about the impact of issues before the Court for immigrant communities.
• Representing local and national advocacy groups in Freedom of Information (FOIA) litigation seeking agency documents and data related to important policy issues. The clinic has worked on FOIA litigation on arrest practices along domestic train routes and local enforcement in the New York City region.  

The Seminar
The seminar component of the Immigrant Rights Clinic is a practice-oriented examination of advocacy on behalf of non-citizens and the different roles that can be played by a social justice lawyer. The seminar focuses on issues that arise in our fieldwork and builds classes around the clinic's case work. The seminar allows students an opportunity to analyze the legal, social, political, and other obstacles to achievement of their clients' goals, as well as a chance to reflect on the strategic choices they face. The problems of non-citizens frequently arise at the intersection of multiple and conflicting legal regimes, including immigration, criminal, labor, employment, and civil rights laws. Students grapple with the dramatic changes effected by the recent legislative changes, developing case law, and subsequent legislative and administrative developments at the federal and state level. The seminar will also consider the impact of those changes on individuals, families, and communities, and the role of race, class, and other factors in shaping national and local policy toward non-citizens.

Application Procedure

Students who are interested in applying to the Immigrant Rights Clinic should submit the standard application, résumé and transcript online via CAMS. Applicants should submit as lengthy a response to Question 4 of the standard application as they feel necessary and may ignore the 300 word limit. Applicants invited to interview will be contacted by email. The clinic accepts 2Ls and 3Ls. If you have any questions regarding the application process, please contact Noelia Rodriguez at 212-998-6459 or by email. There is no formal application process for the Advanced Immigrant Rights Clinic, which is limited to students who enrolled in the Immigrant Rights Clinic in the previous year. Those students will be contacted about the application process in the Spring.

Student Contacts

We recommend that students interested in the clinic speak to members of the 2010-2011 Immigrant Rights Clinic and the Advanced Immigrant Rights Clinic.

* 14 credits includes 3 clinical credits and 4 academic seminar credits per semester.

** Courses in immigration law, administrative law, federal courts, public benefits law, evidence, and civil litigation may be helpful.

top of page