The COVID-19 pandemic is posing challenges for everyone, but the hardships it poses for immigrants and the immigration system have been especially harsh. While prisons and jails across the country move to reduce their populations, immigrants in ICE detention centers continue to fear exposure to the virus. Some immigration courts remain open for detainee hearings, but the Department of Justice has failed to set uniform policies, a cause of concern to judges, lawyers, and their clients. Citizenship ceremonies are on hold, but Customs and Border Patrol has begun to employ expedited deportation at the border. At the same time, immigrant workers are on the front lines in the battle against the virus in the health, restaurant, and other essential industries. How can we accomplish our public health goals in a manner in keeping with our laws and traditions as a nation of immigrants? Welcome: Russ Feingold, President, ACS Featured Speakers: Ahilan Arulanantham, Senior Counsel, ACLU of Southern California Jacinta Ma, Vice President of Policy & Advocacy, National Immigration Forum Hon. Ashley Tabaddor, President, National Association of Immigration Judges Kara Stein, ACS Vice President of Policy & Program, Moderator

ACS Podcast

Immigrants & COVID-19: Adding Pandemic to a System Already in Crisis

The killing of George Floyd is not a singular or unique event. Nationally, black people are three times as likely as white people to be killed by police, with even more people of color surviving police violence but suffering grievous physical and emotional injuries that reverberate throughout their communities. Join the American Constitution Society, the National Bar Association, and the Society of American Law Teachers, for a discussion of the institutional and systemic racism within our criminal legal system that leads to disproportionate police violence against black and brown people and against the protesters who take to the streets demanding change, and the ways we can address it. Welcome Russ Feingold, President, American Constitution Society Alfreda Robinson, President & CEO, National Bar Association; Associate Dean & Director, Litigation & Dispute Resolution Program, George Washington University Law School Featuring Justin Hansford, Professor of Law and Executive Director, Thurgood Marshall Civil Rights Center, Howard University School of Law Taja-Nia Henderson, Dean, Rutgers Graduate School – Newark; Professor, Rutgers Law School Teressa Ravenell, Professor of Law and Associate Dean for Faculty Research and Development, Villanova University Charles Widger School of Law Christopher Wright Durocher, Senior Director of Policy & Program, American Constitution Society, Moderator

A History of Violence: Institutional Racism in Our Criminal Legal System

As states across the country begin to relax stay-at-home orders despite public health experts' serious concerns, corporate America is poised to be one of the most important players in the pandemic. At-risk industries like grocery stores, meatpacking and poultry plants, transportation services, and warehouses, such as Amazon fulfillment centers, have been criticized for not taking adequate steps to protect their workers. And as non-essential businesses take the first steps to bring employees and customers back, some companies have retaliated against whistleblowers and aligned with congressional leaders to advocate for legislation that would protect businesses from liability for behavior that may unnecessarily expose employees and consumers to the risk of COVID-19 infection. Meanwhile, neither the CDC nor OSHA have issued mandates that employers implement any protective measures. Join ACS for a discussion of what employees and consumers can and should expect from corporate America during a public health crisis. Welcome: Russ Feingold, President, ACS Featured Speakers: Rebecca Dixon, Executive Director, National Employment Law Project Heidi Li Feldman, Professor of Law, Georgetown University Law Center Deepak Gupta, Principal, Gupta Wessler PLLC Christopher Wright Durocher, Senior Director of Policy & Program, ACS, Moderator

Corporate Conduct in the COVID-19 Crisis

After the federal government failed to announce a clear, national strategy for combating the COVID-19 health crisis, some state and local leaders took charge. Relying on the Constitution's federal structure, they closed schools and non-essential businesses, issued stay-at-home orders, mandated moratoriums on evictions, and dispensed emergency vouchers to help people buy food. Others, however, initially resisted such shutdowns until the public health guidance became unambiguous. As the economic impact of the pandemic quickly became its own crisis, Congress passed legislation designed to alleviate some of the stress felt by employers and individuals now forced out of work, but as the shutdown drags on, some state leaders are deciding to lift their stay-at-home orders much before others believe it is safe to do so. And the administration's concern about the economy has led the President to claim "total authority" to supersede state directives, while the Attorney General recently suggested the government is considering litigation against governors who want to retain lockdowns longer than the administration believes necessary. How does the Constitution divide decision-making authority in a public health crisis between the federal and state governments? Can the administration force states to follow its lead? What does the patchwork of state responses mean for our national recovery (both health and economic)? Ultimately, is our federal system an advantage or disadvantage in the fight against COVID-19? Welcome: Russ Feingold, President, ACS Featured Speakers: Aziz Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School, ACS Board of Directors Miriam Seifter, Associate Professor of Law, University of Wisconsin Law School Debra Perlin, Director of Policy & Program, ACS, Moderator

Federalism: Friend or Foe? Federal & State Authority to Fight COVID-19

As we continue to learn more about COVID-19, it has become clear that this pandemic is disparately impacting people of color, and in particular, the Black community. A recent report from Mother Jones shows that Black Americans have disproportionately contracted and died from the coronavirus. Attacks on voting rights, abortion rights, and fair housing have long targeted people of color and the resulting damage of those attacks has been exacerbated during this time of crisis. What direct and indirect harms are being done to communities of color by the pandemic and the government’s response? What legal tools are available to address these disparities and where are there gaps? What should lawmakers consider as they attempt to craft a response to this crisis? Welcome: Russ Feingold, President, ACS Featured Speakers: Michele Goodwin, Chancellor’s Professor of Law and Director of the Center for Biotechnology and Global Health Policy, University of California Irvine School of Law, Moderator Erwin Chemerinsky, Dean, Berkeley Law School Patricia Williams, University Distinguished Professor of Law and Humanities, Northeastern University School of Law Dr. George Woods, Immediate Past President of the International Academy of Law and Mental Health

Unequal Protection: The Disparate Impact of COVID-19 on Communities of Color

On Thursday, April 23, ACS finished its 2020 Student Convention Virtual Series with a discussion with Harvard Law professor Michael Klarman entitled “The Degradation of Democracy – and the Courts.” Featuring: Michael Klarman, Kirkland and Ellis Professor of Law, Harvard Law School ACS is a nonprofit 501(c)(3) educational organization. It does not take positions on candidates, pending legislation, or judicial nominees.

The Degradation of Democracy – and the Courts

As public health experts predict that current social distancing measures may need to be in place weeks or months longer than originally anticipated, federal and state criminal and civil courts must grapple with what that means for judges, parties coming before courts, jurors, and court personnel. Yet, a recent survey of judges found that nearly sixty percent do not feel adequately prepared to make decisions about how to manage their dockets and protect parties’ rights in the face of the coronavirus outbreak. Many courts have closed or suspended in-person business for the time being to minimize exposure. The suspension of jury trials, legal deadlines, and statutes of limitations, however, could prove harmful to parties in criminal and civil cases seeking to vindicate their rights and, more worrisome, potentially fatal to criminal defendants forced to remain in overcrowded, unsanitary pretrial detention facilities, like Rikers Island, which has already reported COVID-19 cases. Can courts balance their role as protectors of the rule of law with the public health measures necessary to quell a pandemic? Welcome Russ Feingold, President, American Constitution Society Speakers Elaine Poon, Managing Attorney, Legal Aid Justice Center Jonathan Smith, Executive Director, Washington Lawyers’ Committee for Civil Rights and Urban Affairs Hon. Shira Scheindlin (Ret.), U.S. District Court for the Southern District of New York Christopher Wright Durocher, Senior Director of Policy and Program, ACS, Moderator

Pandemic at the Courthouse Doors

Join the ACS Student Chapters Team for another installment of our 2020 Student Convention Virtual Series! This panel sought to bring together those using courageous, creative litigation to take on powerful, systemic behemoths whose vast stature, resources, and political clout seems to put them beyond legal liability. We discussed the strategy, philosophy, and grit needed for legal "Davids" to successfully hold societal "Goliaths" to account. Featuring: Randolph Chen, Assistant Attorney General, Office of the Attorney General for the District of Columbia Kalpana Kotagal, Partner, Cohen Milstein Toby Merrill, Founder and Director, Project on Predatory Student Lending, Harvard Law School Sharmila L. Murthy, Associate Professor of Law ACS Faculty Advisor, Suffolk University Law School Moderated by: Katie Cion, Programs Director, ACS Harvard Law School Student Chapter

Creative Lawyering: Fighting Goliath

In an effort to stop the spread of COVID-19, the U.S. government is considering using technology to enforce “social distancing” and track the whereabouts of infected Americans. Although details of such government proposals are still vague, critics question whether the government is trying to sidestep the Fourth Amendment and sanction warrantless surveillance in the name of public health. These proposals are particularly sensitive for technology companies who faced a severe backlash in 2013 following disclosures about the role they played in surveillance by the National Security Agency. Can the government use digital surveillance to combat COVID-19 without violating the Fourth Amendment? What safeguards might be put in place to allow technology to be helpful in combatting the pandemic while observing constitutional rights? What role beyond surveillance might technology play in addressing the COVID-19 crisis that might not raise constitutional concerns? And how do we ensure that any surveillance authorized in the context of this crisis is no longer permitted after the pandemic is over? Featured speakers: Welcome by Russ Feingold, President, ACS Jennifer Daskal, Professor of Law and Faculty Director of the Tech, Law, and Security Program, American University Washington College of Law Greg Nojeim, Senior Counsel and Director of the Freedom, Security, and Technology Program, Center for Democracy and Technology Debra Perlin, Director of Policy and Programs, ACS, Moderator

Technology and Privacy During a Pandemic

As COVID-19 spreads throughout the country, more than a million workers are expected to lose their jobs by the end of March. Those who remain employed face other obstacles, especially healthcare workers, who may lack protective gear, and minimum wage workers without paid sick and family leave. As federal and state governments mobilize to combat COVID-19 and shore up the economy, what can they do to protect American workers? How can gaps in our social safety net be addressed in the short and the long-term? And what role should industry play in cooperation with government to make sure that workers are central to whatever solutions are adopted? Featured Speakers: Welcome by Russ Feingold, President, ACS Charlotte Garden, Co-Associate Dean for Research and Faculty Development and Associate Professor of Law, Seattle University School of Law Satoshi Yanai, Supervising Deputy Attorney General in the Worker Rights and Fair Labor Bureau, Office of the California Attorney General Debra Perlin, Director, ACS Policy and Programs, Moderator

Immunizing the Labor Market? Protecting American Workers During a Pandemic

Listen in with Alex Gulotta and Hannah Klain for a discussion on the 2020 voting landscape and how students can get involved in voter protection efforts. From the history of voting rights and the impact of the Shelby County decision to our current global pandemic, ensuring the right to vote in 2020 is no small task! Learn about how you can play your part to support fair, efficient, and safe elections for all. Featuring: Alex Gulotta, Arizona State Director, All Voting is Local Hannah Klain, Equal Justice Works Selbin Family Fellow, Democracy Program, Brennan Center for Justice

Protecting the Right to Vote in 2020

Listen to our Student Leader Townhall with ACS President Russ Feingold! This event is the first was the Student Convention Virtual Series. Radhe Patel, ACS Harvard Law School Chapter President, provided introductory remarks. Then, ACS President Russ Feingold briefed attendees on the mission of ACS and the role of ACS student chapters. Introduction by Radhe Patel, ACS Harvard Law School Chapter President Remarks by Russ Feingold, ACS President

Student Leader Virtual Townhall with ACS President Russ Feingold

With the continuing global spread of coronavirus disease 2019 (COVID-19) during a presidential election year, election officials across the country are attempting to quickly devise and implement plans that account for the needs of vulnerable voters and poll workers. What changes to election administration are needed and possible in states holding primary elections over the next several weeks? What can be done to prepare for November? Could a federal election be delayed or even cancelled due to public health concerns, and if so, by whom? Does the federal government have any authority to interfere with primaries, which are regulated by the states, on account of national health emergency? Featured speakers: • Hannah Fried, National Campaign Director, All Voting Is Local • Elizabeth Howard, Counsel, Democracy Program, Brennan Center for Justice • Daniel P. Tokaji, Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Moritz College of Law • Lindsay Langholz, Director of Policy and Program, ACS, Moderator

COVID-19 and the 2020 Elections

On January 31st, Secretary of Health and Human Services Alex Azar declared a national public health emergency in response to the global spread of coronavirus disease 2019 (COVID-19). With the warnings from health officials that the virus will “almost certainly” spread in the United States becoming reality, what legal authorities do federal and state governments have at their disposal to deal with this outbreak? Is a quarantine possible? Are there war-time precedents that the government can rely upon to force private industry to produce medical supplies? And what limitations on government action exist to ensure that civil liberties aren’t infringed and that the health crisis isn’t misused for political reasons? Featured Speakers: Michele Goodwin, Chancellor’s Professor of Law and Director of the Center for Biotechnology and Global Health Policy, University of California Irvine School of Law Stephen Vladeck, A. Dalton Cross Professor of Law, The University of Texas at Austin School of Law Debra Perlin, Director of Policy and Program, ACS, Moderator

Contained? Government Authority During a Health Crisis

On February 19, 2020, we were joined by fantastic panelists to celebrate Black History Month and elevate the accomplishments of black leaders. We heard from esteemed members of the ACS network from a variety of legal backgrounds, including a judge, a professor, a non-profit leader, and in-house counsel. Our speakers discussed their career paths, including accomplishments and challenges they have faced along the way, and shared practical advice for the next generation of black progressive leaders. Speakers: Andrew Lindsay: J.D. Candidate, Duke University School of Law and President of the ACS Duke Student Chapter, Moderator Hon. Bernice Donald: Circuit Judge, U.S. Court of Appeals for the Sixth Circuit Michele Goodwin: Chancellor’s Professor of Law, University of California, Irvine School of Law Andrew Hairston: School-to-Prison Pipeline Project Director, Texas Appleseed and ACS Austin Lawyer Chapter Leader Zaid Zaid: Public Policy Attorney, Facebook and ACS Next Generation Leader

ACS Career Call: Elevating the Accomplishments of Black Leaders

The American Constitution Society (ACS) believes that law should be a force to improve the lives of all people.

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Immigrants & COVID-19: Adding Pandemic to a System Already i...

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