Immigration, Law Schools

With DACA Under Attack, Janet Napolitano Works To Create A New Generation Of Public Interest Lawyers

Above the Law chats with Janet Napolitano about her efforts to help law students seeking public and government work and the assault on DACA.

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Honestly, it was really only a matter of time. When Jeff Sessions marched out to announce that the administration would rescind DACA — the Deferred Action For Childhood Arrivals program — it marked the culmination of the promise of the Donald Trump candidacy that began by slandering Mexicans as murderers and rapists. When the idea that everyone from Mexico is a criminal forms the core of the administration’s philosophy, ending DACA — a program that explicitly doesn’t protect murderers or rapists — was inevitable.

As Homeland Security Secretary, Janet Napolitano oversaw the acceptance of the initial DACA applicants to step out of the fear of deportation from the only country they’ve ever known in exchange for completing a rigorous application. Over 800,000 people have since received deferred action under the program, allowing them to go to school, serve in the military, and start businesses without fear of reprisal. All that’s coming to an end now — unless Congress can do something about it. Or lawyers can put a stop to it.

In her new role as president of the University of California system, Napolitano is still doing her part to protect the most vulnerable in America by enabling a new generation of champions. The Presidential Public Service Law Fellowships program offers $4.5 million across the four UC law schools to give law students committed to public service an opportunity to pursue their passion without crippling debt.

The program, announced in April 2016, provides “$45,000 for graduates entering public service, plus an additional $2,500 to help defray bar-related costs.” When I spoke with Napolitano about the program’s origins, she explained that it came together rather quickly after having a meeting with the deans of the law schools and learning about the needs and the financial difficulties associated with going into public service, especially government service.

Some of us have harped on the high cost of law school as one of the primary drags on students pursuing public interest and government service careers for years. Even the most die-hard among an incoming law class will eventually have the conversation with themselves about taking the Biglaw job “for a couple of years” to pay off some loans. Those years can become a decade or more. And limiting the ranks of public service to the independently wealthy isn’t exactly a long-term solution. High-quality state law schools and a focused effort to support students interested in public service are critical to nurturing the next generation of public sector lawyers.

But the program isn’t stopping there. On September 23, the first crop of Public Service Law Fellows will come together at UCLA for UC’s first Public Service Law Conference, an opportunity for the students in the program from across all the system’s law schools to come together to discuss the very issues they’ve committed to tackle. As Napolitano describes the program:

As part of the Public Service Law Fellowship program, we commited to convene a public service law conference. This year, it’s entitled “Civil Rights in the 21st Century,” and we’ll be hosting 500 lawyers… working on issues we are facing from immigration to access to counsel. All range of issues implicate civil rights in our era.

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The conference features five keynotes — including a speech from President Napolitano — and 18 breakout sessions. If you’re interested in attending, registration information is available here.

The conference’s focus on immigration just got a whole lot more timely. When I spoke with Napolitano late last week, I asked about recent reports that ICE, an agency she used to oversee, has grown increasingly unmoored in the new administration. Her response:

From outward appearances, that looks like the case. At DHS, we tried very hard to instill in ICE real operational priorites on those felonies and serious misdemeanors, or known or identified gang members. It’s why FBI doesnt do bad-check cases. All law enforcement has to have priorities.

And ultimately this point about discretion sums up the big lie circulating about DACA. While talking heads try to pinhole the law as an unconstitutional act by an imperial presidency, the reality is DACA was just a straightforward effort to make immigration law work:

We wouldn’t have done it if it wasnt firmly rooted in the law… no law enforcement agency has infinite resources — they all have to set priorities.

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What we learned yesterday is that the Trump administration would rather spend their resources prioritizing innocent young adults than gang members. It’s a lot easier to catch innocent people minding their own business, I suppose. And if you think every person from Mexico is a criminal, it doesn’t really matter if you’re not actually catching anyone who’s “committed crimes.”

Janet Napolitano: Congress has the power — and the responsibility — to protect the ‘dreamers’ [Washington Post]

Earlier: Trump Ends DACA, In Latest Proof That Elections Matter

HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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