Reflection from Hofstra Law’s Border Program

Guest post by Melissa Avila of the IIT Chicago-Kent College of Law

“Any plans for the summer after your first year of law school?” A one-week trip to sunny, San Diego, California, is where I spent the most impactful moments of my law school career. In May of 2023, I participated in the Maurice A. Deane School of Law at Hofstra University’s Immigration Law and Border Enforcement Program. As law students, we were able to hear from some of the leading experts on the current issues and history of immigration at the U.S. southern border. The course provided a holistic overview of U.S. immigration history and the evolution of border enforcement through the lens of judges, government officials, border patrol agents, and immigrant advocates.

I enjoyed how Professor Alexander Holtzman selected a renowned group of speakers for us to hear from and to speak with throughout the course. What intrigued me the most about the trip was learning about the evolution of the physical southwest border in Southern California, and the history of immigration law and policy since its inception. Aaron Reichlin-Melnik, Senior Policy Counsel, at the American Immigration Council, gave an impressive overview of the history of immigration in the United States. He highlighted changes and how little has changed about border enforcement in over 27 years since 1996. One thing that stood out to me was how U.S. immigration policy often prevents circular migration – or the ability of migrants to come to the U.S., leave, and then return – and thus, many migrants who might otherwise wish to be in the United States temporarily become, trapped within our borders. If they risk leaving, they may never be able to return.

Our conversation with U.S. Border Patrol Agents heightened this fact as they shared with us the progression of “wall” as a mere chain link fence to now a double steel iron fence that ranges about 18-30 feet high.

Our group visited the border at an important time since Title 42 ended on May 11, 2023, and we were able to compare how government officials and advocates described changes at the border since Title 42 was lifted. Immigration advocates like Taylor Levy detailed worsening treatment for migrants detained in ICE detention centers. Whereas U.S. Consulate officers celebrated that the numbers of repeat offenders attempting to cross the border declined exponentially.

Our lectures with Prof. Holtzman and the information we received hit home when we had the opportunity to visit Otay-Mesa ICE Detention Center and witnessed how migrants are detained when apprehended by border patrol. The Warden described his facility as maintaining high standards regarding medical care, religious observations, and access to libraries and recreation. However, it was disturbing to know that migrants, who have only committed civil violations, are detained for long periods of time with minimal access to legal representation. The detention units had minimal access to justice as there were only posters with USCIS information, and detainees had to use separate telephone lines to speak with attorneys without ICE or facility interception. Attending hearings at EOIR Immigration Court in the same facility showed us that many of the detainees are pro se litigants and require several months to find legal representation while in the detention center, if they find help at all.

These facts and perspectives allowed me to reflect on the realities and risks migrants faces by crossing the border by land, turning themselves in to border patrol agents to seek asylum, and ever being stuck between fences and borders during and after Title 42.

I’d also like to mention how welcoming the students were from Hofstra as I am a student at Chicago-Kent College of Law. I hope other law students interested in Public Interest Law or Immigration Law can participate in such a thorough and exciting program.

The week I spent in San Diego wasn’t as sunny as I had planned, but instead I was enlightened by the encounters we had with speakers.

-posted by KitJ on behalf of Melissa Avila