Immigration and Human Rights Clinic

SEE COURSE DESCRIPTION
Professor: Lori Nessel, (973) 642-8708, Room 228
Clinical Teaching Fellow: Leena Khandwala
 
Offered: Fall and spring semesters. Credits: 5

Introduction
Students in the Immigration & Human Rights Clinic represent people from all over the world who are in need of protection including those seeking political asylum, relief under international treaties such as the Convention Against Torture, or special visas for victims of human trafficking. Students will be exposed to conditions of immigration detention for both newly arrived asylum seekers and long-time residents of the United States who have been imprisoned while awaiting removal. In addition to representing clients before asylum officers and conducting hearings in Federal Immigration Court, students may also represent clients in appeals to the Board of Immigration Appeals and the Second and Third Circuits. In addition to litigation in federal and state courts.  Students may also represent clients on matters including filing human rights complaints before international tribunals, permanent residency petitions and battered spouse self-petitions. In addition to litigation, students may also be engaged in comparative law and human rights projects.  For example, the Immigration & Human Rights Clinic works in collaboration with an immigration clinic at the University of Sofia, Bulgaria.  Through this project, students work on family reunification petitions before the European Court of Human Rights.  Students may also be involved in comparative refugee law and human rights projects with other nations.

Recently, Immigration & Human Rights clinical students have:

1. Won asylum protection for a Congolese client who feared family-based violence and gender-based harm should she have to return to Congo after leaving her arranged marriage to an abusive American citizen. Through research and evidence showing that Congo does not intervene to protect women from family-based violence, the clinic demonstrated that the Congolese government was unwilling or unable to protect the client from harm at the hands of her father in Congo.
2. Joined a transcontinental team of attorneys to file a petition before the Inter-American Commission on Human Rights (IACHR), challenging the imprisonment without charge of a Haitian national. The petition cited violations of the Haitian Constitution and international human rights treaties, including the American Convention on Human Rights.
3. Engaged in ongoing representation of immigrant victims of trafficking, indentured servitude and sexual abuse in obtaining protection under the Trafficking Victims Protection Act and for victims of violent crimes that are willing to assist the government in criminal prosecutions. Work on these cases has included advocacy and meetings with the FBI, US Attorney’s Office and local prosecutors to initiate criminal prosecutions and trafficking investigations; interviewing clients, witnesses and mental health experts and drafting detailed affidavits and legal briefs.

By acting as lead counsel in cases like these, students learn many facets of lawyering, including: problem solving, interviewing and counseling, legal analysis and reasoning, legal research and writing, factual investigation, oral advocacy, and organization and management of legal work. In addition, these cases present students interested in International Human Rights and Constitutional Law with a unique opportunity to learn about human rights conditions around the world and to see how immigration status affects constitutional and workplace rights.

Clinical Law Practice
Students will work in teams under the supervision of Professor Nessel and Leena Khandwala in all phases of representation from initial client interviews through court hearings, with the potential for appeal to the Second or Third Circuit. Students interview and counsel clients, work with interpreters, interview witnesses, conduct factual investigations, prepare petitions, affidavits, legal briefs and policy reports, engage in legal research and analysis, prepare clients and witnesses for interviews and court hearings, and litigate cases in court. Students should expect to devote approximately fifteen hours a week to their clinical work, including six hours of scheduled office time for case reviews and client meetings. Students must have flexibility in their schedules to accommodate the demands of an active litigation practice.

The Seminar
In addition to the live client component, the clinical experience also includes a one credit seminar. The seminar meets once a week for two hours and provides an opportunity for Immigration & Human Rights clinical students to learn about immigration and refugee law and work as a group on issues including: strategic case planning; ethical issues that arise during client representation; and practical and  pre-trial skills.

Criteria for Admission
In addition to the general clinic pre-requisites, consideration will also be given to the student's prior experience, interest in the subject area, commitment to public interest law and proficiency in a language commonly spoken by the client population. Students are encouraged to also take an Immigration Law or International Human Rights course.