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Raising the Bar: Law Schools and Legal Institutions Leading to Educate Undocumented Students


Raquel E. Aldana


University of the Pacific - McGeorge School of Law

Beth Lyon


Villanova University School of Law

Karla Mari McKanders


University of Tennessee College of Law

2012

Arizona State Law Journal, Forthcoming
Pacific McGeorge School of Law Research Paper
University of Tennessee Legal Studies Research Paper No. 168

Abstract:     
This paper explores the adoption of best practices for the admission and graduation of undocumented students as lawyers and promoting their integration into the legal profession. Law schools are already both knowingly and unknowingly admitting and graduating undocumented students. It is our contention in this paper, after careful analysis, that no law precludes law schools from admitting undocumented students, offering them in-state tuition or other types of private and even public financial aid in states that permit it, or allowing them to participate fully in the law schools’ educational opportunities. We acknowledge that there are tensions around the decision to educate undocumented law students. Law schools should worry about the appropriateness of graduating lawyers with high debt burdens and no prospects for paid employment inside the United States. For some, the admission and graduation of undocumented law students may also raise other types of resource allocation or moral dilemmas, such as how and whether a person’s immigration status should bear upon determination of character and fitness of practice law. This piece aims to be precise and nuanced about the legal, practical, and moral challenges law schools face in enrolling undocumented students. The paper focuses on three main areas. First, the paper examines the application of the American Bar Association (“ABA”) 2011-2012 Standards and Rules of Procedure for Approval of Law Schools (the “Standards”) and American Association of Law Schools minimum requirements to the education of undocumented law students. The paper also considers state rules on bar admission and examines impediments in some states to sitting for the bar examination. Second, the paper outlines current laws governing financial aid for undocumented students and their eligibility to participate in educational experiential opportunities while in law school. This section also puts to rest the misperception that an educational institution may be held liable under the Immigration and Nationality Act’s harboring provisions for admitting undocumented student. Finally, the paper outlines best practices for guiding undocumented law students from admission through beginning their legal career.

Number of Pages in PDF File: 91

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Date posted: January 20, 2012 ; Last revised: January 1, 2013

Suggested Citation

Aldana, Raquel E. and Lyon, Beth and McKanders, Karla Mari, Raising the Bar: Law Schools and Legal Institutions Leading to Educate Undocumented Students (2012). Arizona State Law Journal, Forthcoming; Pacific McGeorge School of Law Research Paper; University of Tennessee Legal Studies Research Paper No. 168. Available at SSRN: http://ssrn.com/abstract=1988396 or http://dx.doi.org/10.2139/ssrn.1988396

Contact Information

Raquel E. Aldana (Contact Author)
University of the Pacific - McGeorge School of Law ( email )
3200 Fifth Avenue
Sacramento, CA 95817
United States
Beth Lyon
Villanova University School of Law ( email )
299 N. Spring Mill Road
Villanova, PA 19085
United States
610-519-7126 (Phone)
610-519-6472 (Fax)
Karla Mari McKanders
University of Tennessee College of Law ( email )
1505 West Cumberland Avenue
Knoxville, TN 37996
United States
(865) 974-5710 (Phone)
HOME PAGE: http://www.law.utk.edu/faculty/mckanders/index.shtml
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