Course Description

601:563. CRIMMIGRATION (2 or 3) S

The Intersection of Criminal and Immigration Law



This course addresses the historical and contemporary relationship between criminal and immigration law. In particular, the course explores how individuals perceived to have violated a criminal offense are treated in the immigration law system, how individuals thought not to be citizens of the United States are uniquely affected by criminal procedure norms and substantive criminal law, and how states and the federal government have sought to police criminal activity by noncitizens. In the process, the course participants will learn to analyze constitutional, statutory and regulatory provisions concerning immigration, as well as procedural and substantive requirements concerning criminal proceedings as they affect noncitizens. To build upon the substantive course work, students will prepare a motion for an immigration judge, a motion to vacate a prior guilty plea of a noncitizen and an opinion letter from an immigration attorney to a criminal defense attorney outlining the immigration consequences faced by the defense attorney’s client. The course final will be the preparation and argument of an appellate motion. Students will be placed in to teams and will argue the motions in a mock setting and they will also engage in simulated criminal plea negotiations and will play the roles of immigration attorney, defense attorney and prosecutor. Students will receive individualized feedback from all mock skills exercises.