Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Deferred Action: Considering What Is Lost, Elizabeth Keyes
Deferred Action: Considering What Is Lost, Elizabeth Keyes
All Faculty Scholarship
This response to Professor Motomura considers what is lost through the elaboration of formally defined boundaries around prosecutorial discretion. Professor Motomura and others in this Issue rightly extol the many benefits of the President's November 2014 executive actions. While I share the view that those benefits are considerable, I believe a full accounting requires us to consider what gets lost in this process, including identification of the immigrants in the limbo space between the actions' prospective beneficiaries at the one end and those who are priorities for removal on the other. This Essay focuses on the cost that comes from …
Zealous Advocacy: Pushing Against The Borders In Immigration Litigation, Elizabeth Keyes
Zealous Advocacy: Pushing Against The Borders In Immigration Litigation, Elizabeth Keyes
All Faculty Scholarship
This article examines the forces that undermine zealous advocacy in the context of immigration court, and connects the context-specific issue of immigration defense to debates in the ethics literature about the possible justifications for zealous advocacy. As state bar rules and legal cultures and sub-cultures de-emphasize or remove the duty of zealousness, zealousness becomes increasingly counter-cultural. The article explores those trends, and shows (drawing on existing criminal defense ethical literature) why zealousness is justified in the adversarial and consequential immigration context. The article examines why a broadly understood and well-elaborated standard of zealous advocacy for immigration lawyers would be useful, …