351 U.S. Immigration and Nationality Law

This course will provide an overview of immigration law and policy. It combines a study of constitutional law, statutory interpretation, and administrative regulations. We examine the constitutional law governing noncitizens as they seek to enter and remain in the United States as well as the statutory provisions governing humanitarian protection, family-based and employment-based migration. We also discuss the immigration consequences of criminal convictions, the obligations of criminal defense attorneys to advise noncitizen clients, and the intersection of criminal and immigration enforcement systems.

The course explores the legal, social, historical, and political factors that have constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., the power of the executive branch to set and change immigration policy, issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law. Students will participate in a mock removal proceeding and will complete hypothetical immigration problems that illustrate the application of constitutional, statutory, and regulatory immigration law.

Enrollment Pre-/Co- Requisite Information

The course satisfies the pre-requisite or co-requisite requirement to enroll in the Immigrant Rights Clinic.

Course Areas of Practice
Evaluation Methods
  • Final Exam
  • Practical exercises
  • Class participation
Degree Requirements
Course Type
  • Lecture
Learning Outcomes
  • Knowledge and understanding of substantive and procedural law

Sample Syllabi

Spring 2024

2024
Course Number Course Credits Evaluation Method Instructor

351.01 3
  • Final Exam
  • Practical exercises
  • Class participation
Kate Evans

This course will provide an overview of immigration law and policy. It combines a study of constitutional law, statutory interpretation, and administrative regulations. We examine the constitutional law governing noncitizens as they seek to enter and remain in the United States as well as the statutory provisions governing humanitarian protection, family-based and employment-based migration. We also discuss the immigration consequences of criminal convictions, the obligations of criminal defense attorneys to advise noncitizen clients, and the intersection of criminal and immigration enforcement systems.

The course explores the legal, social, historical, and political factors that have constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., the power of the executive branch to set and change immigration policy, issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law. Students will participate in a mock removal proceeding and will complete hypothetical immigration problems that illustrate the application of constitutional, statutory, and regulatory immigration law.

Syllabus: 351-01-Spring2024-syllabus.pdf396.97 KB

Pre/Co-requisites

The course satisfies the pre-requisite or co-requisite requirement to enroll in the Immigrant Rights Clinic.

Spring 2023

2023
Course Number Course Credits Evaluation Method Instructor

351.01 3
  • Final Exam
  • Practical exercises
  • Class participation
Kate Evans

This course will provide an overview of immigration law and policy. It combines a study of constitutional law, statutory interpretation, and administrative regulations. We examine the constitutional law governing noncitizens as they seek to enter and remain in the United States as well as the statutory provisions governing humanitarian protection, family-based and employment-based migration. We also discuss the immigration consequences of criminal convictions, the obligations of criminal defense attorneys to advise noncitizen clients, and the intersection of criminal and immigration enforcement systems.

The course explores the legal, social, historical, and political factors that have constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., the power of the executive branch to set and change immigration policy, issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law. Students will participate in a mock removal proceeding and will complete hypothetical immigration problems that illustrate the application of constitutional, statutory, and regulatory immigration law.

Pre/Co-requisites

The course satisfies the pre-requisite or co-requisite requirement to enroll in the Immigrant Rights Clinic.

Spring 2022

2022
Course Number Course Credits Evaluation Method Instructor

351.01 3
  • Final Exam
  • Practical exercises
  • Class participation
Kate Evans

This course will provide an overview of immigration law and policy. It combines a study of constitutional law, statutory interpretation, and administrative regulations. We examine the constitutional law governing noncitizens as they seek to enter and remain in the United States as well as the statutory provisions governing humanitarian protection, family-based and employment-based migration. We also discuss the immigration consequences of criminal convictions, the obligations of criminal defense attorneys to advise noncitizen clients, and the intersection of criminal and immigration enforcement systems.

The course explores the legal, social, historical, and political factors that have constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., the power of the executive branch to set and change immigration policy, issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law. Students will participate in a mock removal proceeding and will complete hypothetical immigration problems that illustrate the application of constitutional, statutory, and regulatory immigration law.

Pre/Co-requisites

The course satisfies the pre-requisite or co-requisite requirement to enroll in the Immigrant Rights Clinic.

Spring 2021

2021
Course Number Course Credits Evaluation Method Instructor

351.01 3
  • Final Exam
  • Class participation
Kate Evans

This 3-credit course will provide an overview of immigration law and policy. It will examine the legal, social, historical, and political factors that constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law.

Pre/Co-requisites
None

Spring 2020

2020
Course Number Course Credits Evaluation Method Instructor

351.01 3
  • Final Exam
  • Class participation
Eisha Jain

This 3-credit course will provide an overview of immigration law and policy. It will examine the legal, social, historical, and political factors that constructed immigration law and policy in the U.S.  In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law.

Pre/Co-requisites
None

Spring 2019

2019
Course Number Course Credits Evaluation Method Instructor

351.01 2
  • Reflective Writing
  • Class participation
Eisha Jain

This course will provide an overview of selected law and policy topics in immigration law.  It will consider the following questions: what criteria are used in determining who can come to the United States as an immigrant or visitor?  When and why may noncitizens be forced to leave?  How should choices about admission and removal be implemented?  It will focus on current topics in immigration enforcement, including the “sanctuary” movement, border enforcement, immigration detention, family separation, and the merger of criminal and immigration enforcement.  Discussion will be based on a variety of sources, including statutes, caselaw, administrative enforcement guidance, social science research, and legal scholarship.  Assessment will be based on written papers and class participation.

Pre/Co-requisites
None

Fall 2017

2017
Course Number Course Credits Evaluation Method Instructor

351.01 2
  • Final Exam
  • Class participation
Jason Patil

This course opens – and may well close – with the Supreme Court’s impending consideration of the amended “travel ban” in Trump v. Int’l Refugee Assistance Project and Trump v. Hawaii. Discussion on that policy, lower court cases and Supreme Court briefs will serve as a primer on the federal constitutional powers and checks on immigration. We will then review historic constitutional precedents with emphasis on how they underpin and influence contemporary judicial interpretation.

From there, the course surveys the essential elements of immigration and nationality law and attendant procedures: the law of citizenship and naturalization, admission and removal, alien detention, asylum and other relief, and purportedly non-derogable protections under international conventions as implemented by U.S. law. Each week’s discussion on these subject matters will commence with a recent, significant and often controversial dispute, and examine how statutes, regulations, and precedents have guided, for better or worse, an actual or likely resolution.  This course will require significant classroom participation. 

There will be a comprehensive, final in-class exam. The course grade will be based on class participation and the final exam.

Pre/Co-requisites
None

Fall 2016

2016
Course Number Course Credits Evaluation Method Instructor

351.01 2
  • Research and/or analytical paper(s), 10-15 pages
  • Reflective Writing
  • Oral presentation
  • Class participation
Lynn Calder

The goal of this course is to introduce students to U.S. immigration and citizenship law and procedure as well as discuss how immigration law intersects with public policy and state and federal laws in other areas. Using a practical hypothetical-based approach, students will be presented with problems and exercises for which they will need to evaluate federal and state statutes, regulations, agency memoranda, policy, and case law to develop appropriate legal strategies in the immigration context. In addition to discussing the concepts of admission and removal, options for legal status, and naturalization and citizenship; students will have the opportunity to hone skills related to client counseling and ethical representation, administrative law, litigation, and government policy.

Consistent class preparation and participation are essential to acquire an understanding of this topic: students will have assigned readings as background for class discussion and analysis of problems presented. There will be opportunities to prepare written agency or court submissions outside of class, and a comprehensive final in-class exam. The final grade will be based on class participation (25%), written exercises (25%), and the final exam (50%) (percentage break-down subject to change by September 6, 2016).

Pre/Co-requisites
None

*Please note that this information is for planning purposes only, and should not be relied upon for the schedule for a given semester. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.