Immigrants’ Rights Clinic

Immigration
Nicole Hallett Joins Clinical Faculty to Direct Project

The University of Chicago Law School will launch a new Immigrants’ Rights Clinic in January, adding to the school’s robust set of clinical offerings and giving students a chance to work in a pressing, and often fast-changing, area of the law with a rising star in the field.

The Immigrants' Rights Clinic provides legal representation to immigrant communities in Chicago, including individual representation of immigrants in removal proceedings, immigration-related complex federal litigation, and policy and community education projects on behalf of community-based organizations. Students will interview clients, develop claims and defenses, draft complaints, engage in motion practice and settlement discussions, appear in federal, state, and administrative courts, and brief and argue appeals. In the policy and community education projects, students may develop and conduct community presentations, draft and advocate for legislation at the state and local levels, and provide support to immigrants' rights organizations. Current projects include a first-in-the-nation challenge to immigration detention authority under the PATRIOT Act, a civil rights lawsuit against state troopers for cooperation with federal immigration authorities, and a class action challenge to new naturalization standards for immigrants with intellectual disabilities. As this is the first year of the clinic's operation, students will also have the opportunity to help develop the clinic's docket. Both 2L and 3L students are encouraged to apply. Students with questions may contact Professor Hallett at nhallett@uchicago.edu to learn more.

The First Legal Challenge to the USA PATRIOT ACT, 8 U.S.C. 1226a

IRC represents Adham Amin Hassoun, a stateless Palestinian who became the first person that the government detained under a never-before-used provision of the USA PATRIOT Act. After the district court ruled that due process required the government to prove by clear-and-convincing evidence that Mr. Hassoun was a danger to national security before indefinitely detaining him, the government conceded that it could not prove its case. Nevertheless, the government argued that the court erred in engaging in any inquiry into the government’s allegations whatsoever. In a win for due process and separation of powers, the court rejected that argument and ordered Mr. Hassoun’s release. Facing the prospect of releasing Mr. Hassoun in the United States, the government reached an agreement with another country to accept him as a permanent resident. He has now been resettled and is enjoying his freedom. IRC continues to litigate a motion for sanctions against the government for hiding and destroying evidence proving Mr. Hassoun’s innocence. IRC co-counseled on the case with the ACLU and the MacArthur Justice Center.

Selected Case Documents

The COVID-19 pandemic has created a public health crisis in immigration detention facilities across the country, and has caused the current Administration to further restrict the right to asylum at the Southern Border. The Immigrants’ Rights Clinic has undertaken a wide variety of projects to protect immigrants in detention from COVID-19 and to ensure that the pandemic does not prevent immigrants from seeking asylum.

The Immigrants’ Rights Clinic has: