Big Immigration Law

28 Pages Posted: 15 Nov 2018 Last revised: 8 Feb 2019

See all articles by Stephen Manning

Stephen Manning

Innovation Law Lab

Juliet P. Stumpf

Lewis & Clark Law School

Date Written: October 20, 2018

Abstract

The forays of the Trump administration into the wilds of immigration restriction have highlighted a trend that existed well prior to the election: the unchecked growth of immigration governance strategies that rely on large-scale restrictions of liberty in the form of mass detention and deportation. These mushrooming immigration policing strategies, however, are encountering a new conceptualization of immigrant advocacy that delivers representation on a large scale through massive collaborative representation. Like other mass advocacy models that aggregate clients and lawyers such as large law firms and the class action device, the big immigration law model may have potential to change the balance of power between individuals and private or governmental entities, restore unhealthy adjudication ecosystems that undermine access to justice, or improve blocked procedural or practical pathways to substantive legal norms such as asylum. This Article locates the origins of the big immigration law model in the national collaborative representation project that arose in response to the mass detention of female-headed families fleeing from Central America, which is now being applied to dysfunctional immigration adjudication and the detention facilities proliferating under the current Administration. It identifies its main attributes: collectivization, scalability, and the selection of a focal geographic point for advocacy. We conclude with an agenda for further research into this innovation in conceptualizing access to law.

Keywords: immigration, advocacy, innovation, massive collaborative representation, crimmigration, immigration governance, adjudication, detention, deportation, family detention

Suggested Citation

Manning, Stephen and Stumpf, Juliet P., Big Immigration Law (October 20, 2018). 52 U.C. Davis L. Rev. 407 (2018). Available at SSRN: https://ssrn.com/abstract=3254550

Stephen Manning

Innovation Law Lab ( email )

333 SW Fifth Avenue Suite 525
Portland, OR 97204
United States

Juliet P. Stumpf (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States

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