Since the events of September 11, 2001, crimmigration scholars around the world have uncovered the use of seemingly ordinary powers to accomplish extraordinary things: mass deportation, surveillance, policing, and detention and incarceration, in ways that globally change the shape of migration. While the study of crimmigration usually dissects its elements and the powers that animate it, we miss a critical question if we ignore who is tasked to use those powers. The decision about who will decide a crimmigration issue can shape the decision itself, and confine or define its resolution. Three case studies illuminate how changing the decisionmaker to or from a criminal justice actor to another official or institution located the issue itself inside or outside the crimmigration framework. These examples are the Deferred Action for Childhood Arrivals program (DACA), the REAL ID Act, and asylum seekers at the U.S.-Mexico border. They translate into three seemingly disparate legal issues: whether to deport, whether to issue a drivers license, and whether to hear a claim for asylum. These case studies raise the question of how changing the decisionmaker can either exacerbate crimmigration, or inoculate against it. At bottom, they are decisions about who belongs.
Juliet Stumpf is the Robert E. Jones Professor of Advocacy and Ethics at Lewis & Clark Law School. She is a scholar of crimmigration law, the intersection of immigration and criminal law. Her research seeks to illuminate the study of immigration law with interdisciplinary insights. She has published widely in leading journals and books, including a series of crimmigration articles beginning with The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power, 56 AM. U. L. REV. 367 (2006), and she co-authors the casebook Immigration and Citizenship: Process and Policy (8th ed. West 2016). Stumpf is a co-founder of CINETS, the transnational, interdisciplinary network of crimmigration scholars. She serves as Co-Director with Mary Bosworth of the academic network, Border Criminologies at Oxford University, and sits on the Board of Directors of the Innovation Law Lab. In 2016, she received the Leo Levenson Award for Excellence in Teaching. Stumpf has taught at NYU School of Law and Leiden University, clerked for Judge Richard A. Paez on the Ninth Circuit, and served as a civil rights attorney in the U.S. Justice Department. She received her J.D. cum laude from the Georgetown University Law Center and her B.A. in English Literature from Oberlin College.
CLE credit: 1.0 credit hours
Category: CLE Programs, General, Public Lectures