U.S. immigration law subject of timely article by Professor Jason A. Cade

cade_profileAn especially timely account of U.S. immigration law has just been published by Georgia Law’s expert on the subject, Professor Jason A. Cade.

Entitled “Judging Immigration Equity: Deportation and Proportionality in the Supreme Court,” the article  examines the Supreme Court’s deportation and immigration enforcement jurisprudence over the last 15 years, arguing that the Court’s decisions have been increasingly animated by a proportionality norm.

Here’s the abstract:

Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities for equitable balancing at multiple levels in the deportation process. Notably, the Court has endorsed decision makers’ consideration of the normative justifiability of deportation even where noncitizens have a criminal history or lack a formal path to lawful status. This proportionality-based lens helps unify the Court’s seemingly disparate decisions regulating the immigration enforcement system in recent years. It also has implications for deferred action enforcement programs such as the DACA program implemented by President Obama in 2012. The Court’s general gravitation toward proportionality analysis in this field is sound. Nevertheless, there are drawbacks to the Court’s approach, and the cases are probably best seen as signals to the political branches that the deportation system remains in dire need of wide-ranging reform.

The article, which appears at 50 UC Davis Law Review 1029 (2017), is available here.

Belgian Consul General de Baets featured at Global Atlanta luncheon

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Pictured at front, from right: Belgian Consul General William de Baets and Phil Bolton and Trevor Williams, respectively, publisher and managing editor of Global Atlanta.

For decades, we at the University of Georgia School of Law have welcomed collaboration with Belgium and its people and institutions. Even before 1978, when Belgium’s national airline became the 1st foreign carrier to fly nonstop to Atlanta, a Belgian attorney became the 1st foreign-trained lawyer to earn Georgia Law’s Master of Laws (LL.M.) degree. And thanks to the hard work and generosity of Georgia Law professors like Gabriel Wilner and our Center’s namesake, former U.S. Secretary of State Dean Rusk, we’ve partnered with leading Belgian universities to offer summer seminars on issues related to international  law and policy, often with a focus on European Union and transatlantic cooperation. That tradition will continue via this summer’s global governance school at the home of our partner, the Leuven Centre for Global Governance at the University of Leuven, one of Europe’s premier research institutions.

Thus it was a special pleasure to attend last Friday’s “Consular Conversations: Luncheon Interview With Belgium’s Consul General,” held at the Atlanta office of Miller & Martin, where Tom Harrold, Georgia Law alumnus and member of our Dean Rusk International Law Center Council, leads the International/World downloadLaw practice group. The event was part of a series of conversations sponsored by another Center partner, Global Atlanta.

Guest of honor was William de Baets, who’s served since last April as Belgium’s top diplomat in the Southeastern United States. In a wide-ranging conversation with Phil Bolton and Trevor Williams, Global Atlanta’s publisher and managing editor, de Baets explained he’d joined Belgium’s foreign service following 9 years as a Navy officer. Postings before his arrival at Atlanta included deputy head of mission in Côte d’Ivoire, Ethiopia, and Venezuela, and political counselor at Belgium’s embassy in Washington, D.C.

De Baets said that his office provides consular services and also engages in public and economy diplomacy; Friday’s conversation fulfilled the latter role. He spoke to a full house – a testament to the fact that Belgium ranks among the top 10 foreign investors in Georgia, which is home to more than 70 Belgian companies and more than 5,000 Belgian nationals.

Asked about Belgium’s renown as the home of Tintin and the Smurfs, not to mention 20th C. surrealists like René Magritte, de Baets recalled an artistic tradition that reaches back to the 16th C. Flemish master, Peter Paul Rubens. Additionally, Belgium did not gain independence until 1830; before that “the territory kept changing hands and was ruled by other people,” he noted. “We couldn’t speak up too much. We were saying yes and thinking no, or saying yes and doing what we wanted to do. It was a source of our humor – we couldn’t take ourselves too seriously.”

Again answering a question, de Baets spoke of his father’s participation in the resistance during Germany’s occupation of Belgium during World War II.

Flags of the 28 NATO member countries

Conversation then turned to Belgium’s role in contemporary matters. Regarding Brussels-based NATO (right), the defense alliance established 68 years ago by the North Atlanta Treaty, de Baets noted apparent disagreement within the new U.S. administration. Indeed, earlier in the week the South Carolina Governor tapped to become U.S. Ambassador to the United Nations, Nikki Haley, had called NATO “important.”

Although the United States can defend itself without NATO, Europe cannot, and so de Baets advocated strengthening the European Union’s security pillar to offset any weakening of NATO. Such alliances are essential for countries like Belgium and its neighbor, Luxembourg. Yet de Baets acknowledged difficulty in achieving the goal, given disagreement among EU member states – including Britain, even before its people voted in favor of Brexit.

Dubbing compromise a “Belgian export,” de Baets indicated that his country could a key role in aiding Europe’s efforts to resolve crises in financial and security sectors, as well as migration. The goal, he said, is to “strengthen our security without giving up our values.”

My family history & path to the bench

It is an honor today to publish this post by our distinguished alumna, the Honorable Carla Wong McMillian, Judge on the Georgia Court of Appeals since 2013. Born in Augusta, Georgia, she earned her Georgia Law J.D. degree summa cum laude in 1998. She is the first Asian Pacific American state appellate judge ever to be appointed in the Southeast, and, since 2014,  the first Asian American to be elected to a statewide office in Georgia. Judge McMillian also serves as President-Elect of the Georgia Asian Pacific American Bar Association (GAPABA). Reflecting on these achievements in this essay, which we reprint courtesy of and with thanks to the Georgia Asian American Times, she writes:

Carla McMillianI am proud to be an American. I am equally as proud of my Asian American heritage.

I grew up in Augusta, Georgia, where the Chinese community has had a long history. The Chinese first immigrated to the city in 1872 to help build an extension of the Augusta Canal. These Chinese men — and it was all men in those days – began sending for their wives and children, and word spread that Augusta was a good place to immigrate and to make a new life.

My father’s parents were some of those who heard from others in their villages in southern China about Augusta. They originally immigrated to San Francisco, but moved to Georgia in the 1910’s and opened a small grocery store. In those days, if you were Chinese, you had two options to make a living in the South — open a laundry or a grocery store. My father was the youngest of six children and was born in the back room of that store where the family lived.

I am sure that my grandparents never dreamed that they would have a granddaughter who is a lawyer much less a judge. And although they did not know the language or the culture, they instilled in their children a love of this country and a service mindset. I am proud that my father and uncle are veterans who did their part to protect our freedom and way of life.

That’s my father’s side of the family – the Wongs from Augusta. But I also want to talk about my mother, who emigrated from Hong Kong to marry my dad. As a result, Chinese was my first language – that is what we primarily spoke at home before my siblings and I went to school.

One of my most distinct memories as a child was going into a courtroom and watching my mother be naturalized as an American citizen. I can remember my sister and me in our best dresses, standing with my father and watching my mother take her oath of allegiance to the United States. That was a proud day for my mother and for the rest of my family.

Growing up in an Asian American family in the Deep South, there just were not too many people outside of my family who looked like me, spoke like me, or ate the same kinds of foods at home. It used to be when I was a teenager that I wanted to cover up all of those differences and blend in. But as I have grown older, I have learned to embrace those differences because that is what makes our country so great.

I want to share with you that I never aspired to be a judge. I practiced for many years with a law firm in Atlanta where I expected to be for my entire career. But some judicial positions came open in my local jurisdiction. I almost did not apply. I was comfortable with my law practice and frankly I knew that even if I got the appointment, I would then have to run for election to keep my seat. I was fearful about facing the rigors of campaigning each election cycle. So after about a week of soul-searching, I had all but decided not to apply.

But I changed my mind one night as I was looking at my young children. I thought about what I wanted to tell them twenty years from now, about seizing opportunities and about doing what I could to serve the community where they will be growing up. So I applied for the judgeship and was appointed initially to the trial court and later to the Court of Appeals.

As a judge, I have taken an oath to uphold the Constitution. The Constitution ensures that we are a nation of laws, but it begins with the simple words, “We, the people.” Therefore, we must remember that key to the concept that we are a nation of laws is the notion of equality — the belief that “all men are created equal.” No one is above the law, and no one is so low that they cannot avail themselves of the law’s protection.

We must always remind our children that the rights and privileges guaranteed by the Constitution are there for us all. Without them, I would not be in the position that I am in today. The Constitution gives everyone an opportunity to fulfill their potential, even for someone like me who came from a family of immigrants because by protecting the rights that the Declaration of Independence declares to be God-given, the Constitution provides each of us the freedom and opportunity to pursue our own destiny. I am honored to serve as the first Asian American on our Court of Appeals and as the first Asian American to be elected to statewide office in Georgia.

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Cade comments on immigration ruling

Cade_JasonOct15 - CopyGeorgia Law Professor Jason A. Cade was among the immigration law scholars providing media commentary on a decision that the U.S. Supreme Court issued on Thursday.

At issue was the interpretation of a term in the federal immigration statute: “aggravated felony.” An undocumented immigrant found to have been convicted of a crime that amounts to this type of felony is to be removed from the United States. In the case under review, Luna Torres v. Lynch, a 5-member Court majority construed the term in a way that eases prosecutors’ burden of establishing that the crime of conviction was “aggravated.”

Professor Cade (above) is an immigration law expert who leads Georgia Law’s Community HeLP Clinic and also serves on our Dean Rusk International Law Center Council. Regarding the judgment in in Luna Torres, Cade said in a Bloomberg BNA: Criminal Law Reporter article:

“I think it’s fair to say that the majority was simply uncomfortable with an interpretation of the aggravated felony provision that would have made it more difficult for the government to remove some very serious noncitizen offenders.”

The article is available in PDF here; the Court’s decision, in PDF here. Professor Cade’s publications may be accessed here.

Today in Brussels, from an alum & member of our Dean Rusk Council

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David Hull, a member of our Dean Rusk International Law Council, today published his thoughts about this morning‘s terrorist attacks in the city with which he 1st became acquainted as a Georgia Law summer study abroad student in the early 1980s: Brussels, Belgium.

A partner and specialist in European Union law at the firm of Van Bael & Bellis, David wrote in the Atlanta legal paper, Daily Report, that he tends to be “sanguine” about bad news, but added that these attacks hit very “close to home,” even in “their sheer randomness.”

He expressed concern about “a tendency to conflate the refugee crisis with the terrorist threat,” and “hope that a settlement can be reached in Syria in the near future and a more stable situation achieved in the Middle East generally.” Both, he concluded, require “leaders with courage and vision to find workable and lasting solutions to unprecedented challenges.”

Our thoughts are with David, his family, and the many other members of the Georgia Law community in and around Belgium, a country with which we’ve partnered since the early 1970s.