Health law

Georgia Law Professor Jason Cade cited by U.S. Court of Appeals for the Ninth Circuit 

University of Georgia School of Law Associate Dean & Hosch Professor Jason A. Cade’s article “Deporting the Pardoned” was recently cited by the U.S. Court of Appeals for the Ninth Circuit in the case Lopez v. Garland.

Below is an excerpt from the article:

Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set aside a conviction under state law will often have no effect on the federal government’s determination to use that conviction as a basis for deportation. While scholars have shown significant interest in state and local laws regulating immigrants, few have considered the federalism implications of federal rules that ignore a state’s authority to determine the continuing validity of its own convictions. This Article contends that limitations on the preclusive effect of pardons, expungements, appeals, and similar post-conviction processes undermine sovereign interests in maintaining the integrity of the criminal justice system, calibrating justice, fostering rehabilitation, and deciding where to allocate resources. In light of the interests at stake, Congress should be required to clearly express its intent to override pardons and related state post-conviction procedures. A federalism-based clear statement rule for statutory provisions that restrict generally applicable criminal processes would not constrain the federal government’s power to set immigration policy. Congress remains free to make its intent clear in the statute. But the rule would ensure that Congress, rather than an administrative agency, has made the deliberative choice to upset the usual constitutional balance of federal and state power.

Jason A. Cade is Associate Dean for Clinical Programs and Experiential Learning, J. Alton Hosch Professor of Law & Community Health Law Partnership Clinic Director. In addition to overseeing the law school’s 11 in-house clinics and 7 externship programs, Cade teaches immigration law courses and directs the school’s Community Health Law Partnership Clinic (Community HeLP), in which law students undertake an interdisciplinary approach to immigrants’ rights through individual client representation, litigation, and project-based advocacy before administrative agencies and federal courts.

Additional information about the Community HeLP Clinic can be found here.

Community HeLP Clinic receives pledge from Thorpe family

The University of Georgia School of Law has announced the creation of the Community Health Law Partnership Clinic Fund. The Thorpe family, which includes 2014 alumnus Benjamin W. “Ben” Thorpe and his mother Dr. Barbara Williams, has pledged $350,000 to enable the clinic to build on its tradition of interdisciplinary advocacy at the intersection of immigration status and health.

Under the direction of Associate Dean for Clinical Programs and Experiential Learning and J. Alton Hosch Associate Professor of Law Jason A. Cade, more than 100 individuals received legal services from the clinic last year. This included clients who were granted asylum, secured immigration relief, and those challenging the abuses they endured while in U.S. immigration detention.

The clinic’s first post-graduate fellow, Thomas Evans, will join the Community HeLP team in July, 2024. Evans is a 2022 magna cum laude graduate of the law school who participated in both the Community HeLP clinic and the Jane Wilson Family Justice Clinic and received the Ellen Jordan Award for Outstanding Public Interest Student. He is currently a staff attorney in the pro se office at the 11th Circuit Court of Appeals.

To learn more about the Community HeLP Clinic and their advocacy work in immigration, click here.

UGA Law clinics continue efforts on behalf of immigrant women alleging abuse, retaliation while in ICE detention

The University of Georgia School of Law clinics’ faculty and students, including Jason A. Cade, Associate Dean for Clinical Programs and Experiential Learning, and Kristen Shepherd, Community Health Law Partnership Clinic Staff Attorney of the Community HeLP Clinic, have continued their advocacy on behalf of women clients who are challenging the abuses they endured while in U.S. immigration detention.

As previously posted UGA Law’s Community HeLP Clinic and First Amendment Clinic have pursued administrative, judicial, and advocacy paths in support of women who had been in the custody of U.S. Immigration and Customs Enforcement (ICE) at the Irwin Detention Center, a privately run facility in south Georgia. While there, the women were subjected to nonconsensual medical procedures. Those who spoke out were met with retaliatory acts, including attempted or actual removal from the United States. For more than two years, the UGA Law clinics have represented these women in judicial and administrative proceedings.

The Community HeLP Clinic made significant progress in recent months on behalf of several women who experienced nonconsensual medical procedures while detained by ICE. These efforts included ongoing advocacy before a State Clemency Office, representation before immigration court on behalf of a woman who was unjustly deported, and successful advocacy before the Board of Immigration Appeals to reopen a third woman’s removal proceedings. The Clinic continues to represent these women and others in a putative class action lawsuit relevant to their allegations of medical abuse and retaliation. More information on these successes and engagements can be found here.

The Community HeLP Clinic is centered around interdisciplinary advocacy that focuses on immigration status and health, noncitizen workers and detainees, and public education. Along with overseeing the law school’s 11 in-house clinics and 7 externship programs, Cade directs the Clinic and aids law students in undertaking an interdisciplinary approach to immigrants’ rights through individual client representation, litigation, and project-based advocacy before administrative agencies and federal courts. Shepherd supervises students as they engage in a variety of services including interviewing and advising clients, conducting research and drafting legal documents, advocating in court proceedings and administrative hearings, and collaborating with legal and medical professionals in the community.