Course Description – Students enrolled in the Immigration Clinic provide representation to indigent noncitizen clients in a variety of different types of cases before the U.S. Immigration Court and U.S. Citizenship & Immigration Services (USCIS). Case types vary depending on client needs and eligibility. Many cases involve asylum and other applications for relief from removal. Some of the Clinic’s clients are victims of torture, including rape, or other forms of severe violence. In some of the cases the client’s life or freedom is at stake. Student representation of clients is provided and authorized by DHS and Justice Department student practice rules and conducted under the supervision of a professor. Students will interview clients and witnesses, prepare declarations and applications, gather and present supporting evidence, draft legal memoranda, motions, and / or briefs, and prepare clients for court. Students will represent a client in Immigration Court, typically conducting a direct examination, defending cross-examination (conducted by an ICE prosecutor), and make a closing statement to an Immigration Judge. Students will also typically represent clients with affirmative applications for immigration benefits before USCIS. Common applications include U visa petitions for certain noncitizen victims of crime, adjustment of status applications for noncitizens eligible to acquire lawful permanent resident status, and Special Immigrant Juvenile petitions for noncitizen children who have been subject to neglect, abandonment, or abuse in the U.S.
Clinic students spend on average approximately 20-hours per week on case work. The seminar component of the Clinic during the Fall Semester addresses the relevant substantive law, procedural rules, and lawyering skills necessary to represent clients of the Clinic. In addition to the weekly Fall seminar, students meet with one or both professors for weekly case supervision meetings during the Fall and Spring semesters.
Immigration Clinic I is only offered CR/D/F during the Fall semester. During the Spring Semester, Immigration Clinic II may be taken for a numerical grade or CR/D/F. There is no final examination in either semester. Within reason, students are expected to work on their cases during the final exam periods in lieu of there being a final exam. Prior or concurrent enrollment in Immigration Law (when offered) is helpful, but Immigration Law is not a pre- or co-requisite. Enrollment in the Clinic is limited to twelve students. If the Clinic is fully enrolled at the time of your registration, contact one of the professors to discuss whether enrollment can be adjusted. The Clinic is five units per semester. Contact Professors Reisz or Frenzen prior to registration if you have additional questions about the Clinic: [email protected] or [email protected].
Course Requisites – Ability to enroll in the Immigration Clinic in both Fall and Spring semesters (be aware of possible Spring course conflicts). Students with inflexible or significant work or externship commitments should see caveat below. Students who are not U.S. citizens or Lawful Permanent Residents should see a professor before enrolling (see details below).
Administrative Matters – Immigration Clinic I & II is a full year course and must be taken in the Fall (Imm Clinic I) and Spring (Imm Clinic II). If you are considering enrolling in the Immigration Clinic, be aware of the possibility of a scheduling conflict (with other courses, employment, or externships) during the academic year. It is generally not possible to work in two law practices simultaneously. Most of the deadlines in the Clinic are imposed by a court or an agency. Clinic students who have significant or inflexible non-clinic commitments will find it difficult to perform well in the Clinic. If you intend to work or if your schedule may be inflexible, you should discuss this issue with one of the professors before enrolling in the Clinic.
Due to the need to produce government-issued identity documents when seeking entry to immigration detention facilities and jails and due to the fact that Clinic work may require a student to pass through domestic Border Patrol checkpoints, students who are not U.S. citizens or Lawful Permanent Residents should discuss their immigration status with one of the professors before enrolling in the Clinic.
The Clinic meets in a classroom setting in the Fall for 3 hours per week. Students also meet on a weekly basis in Fall and Spring with one or both professors for case review. Attendance at class and other Clinic meetings is mandatory. Additionally, at the beginning of the Fall semester (probably during the first 4 weeks of the semester) there may be 2 or 3 supplemental class meetings devoted to covering material necessary to be brought up to speed on active Clinic cases. Attendance at these supplemental class sessions is mandatory.
