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August 12, 2016

Back to the Future? Returning Discretion to Crime-Based Removal Decisions

Cross-posted from NYU Law Review.

Jason A. Cade has powerfully advocated for returning greater discretion to the courts and agencies in making and reviewing Executive Branch decisions to remove noncitizens from the United States. His latest Article, Return of the JRAD, calls for a revival of a now-discarded procedural device of allowing courts sentencing noncitizen criminal defendants to make a "Judicial Recommendation Against Deportation" (JRAD) that would bar the Executive Branch from removing a noncitizen from the United States.

Congress eliminated the JRAD from the immigration laws in 1990. In calling for its comeback, Cade points to a ruling by revered federal district court judge Jack Weinstein. In United States v. Aguilar, Judge Weinstein issued a sentencing order that, despite the fact that Congress abolished the JRAD a quarter century ago, resembled the old recommendations against deportation. The court thus went beyond the law on the books to advocate against the removal from the United States of a one-time, non-violent criminal offender with U.S. citizen children.

One might dismiss Judge Weinstein's recommendation as dicta. However, Jason Cade views the order as a much-needed sign of judicial resistance to the harsh criminal removal provisions of the modern U.S. immigration laws. He advocates the return of discretionary authority to the courts to ensure greater proportionality and reasonableness to contemporary removal decisions.

August 12, 2016

Deanship Conference: "Promoting Diversity in Law School Leadership"

Today I am speaking at a panel at the University of Washington. It's part of a deanship conference titled "Promoting Diversity in Law School Leadership."

Here's the event description: "UW School of Law with Seattle University School of Law & the Society of American Law Teachers (SALT) offer this biennial workshop to encourage and assist members of underrepresented groups to pursue deanships and other university and law school leadership positions."

I am proud that King Hall has a faculty that is both excellent and diverse. In fact, to my knowledge, we have the only majority-minority faculty among top-tier law schools. See my recent op-ed on the topic in The Chronicle of Higher Education.