
At a glance...
 Director of Human Rights Program and Clinical Professor of Law Law School
kanstroo@bc.edu
Office Location Law School M538
617.552.0880
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BACKGROUND
Daniel Kanstroom is the Director of the Boston College Law School International Human Rights Program, Associate Director of the Boston College Center for Human Rights and International Justice, and Clinical Professor of Law. He teaches Immigration and Refugee Law, International Human Rights Law, and Administrative Law.
Professor Kanstroom was the founder and is also the current director of the Boston College Immigration and Asylum clinic in which students represent indigent noncitizens and asylum-seekers. Together with his students, he has won many high-profile immigration and asylum cases and has provided counsel for hundreds of clients over more than a decade. He and his students have also written amicus briefs for the U.S. Supreme Court, organized innumerable public presentations in schools, churches, community centers, courts and prisons, and have advised many community groups. He continues to organize the Immigration Spring Break Trips, where students work on immigration law cases during their Spring Break period. More information can be found at the Trip website. Professor Kanstroom’s newest initiative, the Post-Deportation Human Rights Project, represents individuals who have been deported from the United States, develops new legal theories in support of such cases, and undertakes multidisciplinary empirical study of the effects of deportation on families and communities.
Professor Kanstroom has published widely in the fields of U.S. immigration law, criminal law, and European citizenship and asylum law. His work has appeared in such venues as the Harvard Law Review, the Yale Journal of International Law, the Georgetown Immigration Law Journal, and the French Gazette du Palais. His most recent book, Deportation Nation, was published by Harvard University Press in 2007.
Professor Kanstroom has long served on the Board of the PAIR Project. He was rapporteur for the American Branch of the Refugee Law Section of the International Law Association. He has been a visiting Professor at the University of Paris, the University of Boulogne sur Mer, Northeastern School of Law, King’s College, and Vermont Law School.
EDUCATION
B.A., State University of New York at Binghamton; J.D., Northeastern University; LL.M., Harvard University.
RECENT ACTIVITIES
Post-Deportation Rights at the Immigration Law Professors Conference, Miami in May 2008; United States Deportation System and Human Rights, Oxford University in May 2008; Human Rights and Deportation, Marquette University in October 2007; Deportation Nation, Wellesley College in September 2007; and at University of Paris X, Nanterre, France in June 2007; The New “Yellow Peril,” APALSA national conference at Harvard Law School in March 2007; Post-Deportation Human Rights, Stanford Law School, in February 2007; appeared in Broadway Production: “Conversations with Shakespeare: Exile and Banishment”; in January 2007
Appointments: Appointed Director of the BC Law London Program for Spring 2008.
COURSES
Fall '07: Immigration Law; Immigration Law Clinic; International Criminal Tribunal (ICT): Theory & Practice; ICT: Theory & Practice Seminar; ICT: Research Project Seminar Spring '08: ICT: Research Project; ICT: Theory & Practice; ICT: Theory & Practice Seminar; London Program; London Program/class; London/Advanced European Law; London/British Law
PUBLICATIONS
- "On 'Waterboarding': Legal Interpretation and the Continuing Struggle for Human Rights." Boston College Third World Law Journal 28, no.2 (Spring 2008): 269-287.
- Deportation Nation: Outsiders in American History. Cambridge, MA: Harvard University Press, 2007.
- "Post-Deportation Human Rights Law: Aspiration, Oxymoron, or Necessity?" Stanford Journal of Civil Rights & Civil Liberties 3 (2007): 195-231. [Symposium issue: Immigration Reform: A Civil Rights Issue]
- "Reaping the Harvest: The Long, Complicated, Crucial Rhetorical Struggle Over Deportation." Connecticut Law Review 39 (2007): 1911-1922.
- "Sharpening the Cutting Edge of International Human Rights Law: Unresolved Issues of War Crimes Tribunals." Boston College International & Comparative Law Review 30 (2007): 1-13.
- "The Better Part of Valor: the REAL ID Act, Discretion, and the 'Rule' of Immigration Law." New York Law School Law Review 51 (2006/2007): 161-206.
- "Legal Lines in Shifting Sand: Immigration Law and Human Rights in the Wake of September 11th." (Symposium: Immigration Law and Human Rights: Legal Line Drawing Post-September 11) Boston College Third World Law Journal 25: no. 1 (Winter 2005): 1-12.
- “The Long, Complex, and Futile Deportation Saga of Carlos Marcello.” In Immigration Stories, edited by David A. Martin and Peter H. Schuck, 113-146. New York: Foundation Press, 2005.
- "Criminalizing the Undocumented : Ironic Boundaries of the Post-September 11th 'Pale of Law.'" North Carolina Journal of International Law and Commercial Regulation 29 (2004): 639-670.
- "America Goes Global." Family Advocate 27, no. 2 (Fall 2004): 12-14.
- "Stories From Immigration Practice." Family Advocate 27, no. 2 (Fall 2004): 27-31.
- "Vivre dans une 'nation d'immigrés'? Les Etats-Unis après le 11 septembre 2001." Gazette du Palais 292/294 (October 19/21, 2003): 6-11.
- Entry author. "Aliens, Rights of." "Deportation." "Green Cards." "Political Exiles in the United States." "Refugee Act of 1980." "Refugees." In Dictionary of American History, 3rd ed., Stanley I.Kutler, editor-in-chief, vol.1, 125-126, vol.3, 11-12, vol.6, 396-397, vol.7, 78-79, 79-82. New York: Charles Scribner's Sons, 2003.
- "From the Reign of Terror to Reining in the Terrorists: Defining the Rights of Noncitizens in the Nation of Immigrants." New England Journal of Comparative and International Law 9: no.1 (2003): 47-107.
- "'Unlawful Combatants' in the United States: Drawing the Fine Line Between Law and War." Human Rights 30: no.1 (Winter 2003): 18-21.
- "Immigration Litigation in Federal Court." In Representing Indigent Parties in Federal Court, 99-124. Boston: Massachusetts Continuing Legal Education, 2002.
- "St. Cyr or Insincere: The Strange Quality of Supreme Court Victory." Georgetown Immigration Law Journal 16 (Winter 2002): 413-464.
- "Immigration." In Oxford Companion to American Law. Editor in chief, Kermit L. Hall, 408-411. Oxford: Oxford University Press, 2002.
- With Eric D. Blumenson, Stanley Z. Fisher and Brownlow Speer. Massachusetts Criminal Practice. Abridged clinical student ed. Newark, NJ: LexisNexis, 2001.
- "Immigration Consequences of Criminal Convictions." In Collateral Consequences of Criminal Convictions: Learn How to Avoid the Pitfalls of Practice, Raymond D. Buso, chair, 1-28. Boston: Massachusetts Continuing Legal Education, 2001.
- "Introduction." Human Rights 28: no.1 (Winter 2001): 2.
- "Deportation and Justice: A Constitutional Dialogue." Boston College Law Review 41 (July 2000): 771-788.
- With Nancy Gertner. "The Recent Spotlight on the INS Failed to Reveal its Dark Side." The Boston Globe, Sunday May 21, 2000, Focus section: E1,3.
- "Deportation, Social Control, and Punishment: Some Thoughts About Why Hard Laws Make Bad Cases." Harvard Law Review 113 (June 2000): (Symposium: United States Immigration Policy at the Millennium) 1890-1935.
- "Crying Wolf or a Dying Canary?" Review of Law & Social Change 25 (1999): 435-477.
- With Sarah Ignatius, Elizabeth A. Ziemba and H. Daniel Hassenfeld. "Getting Permission to Live and Work in the U.S." Chapter 1: 1-2. With Sarah Ignatius, Oscar R. George Jr., Jessica Pacheco, Leon P. Drysdale and Maria Walsh. "Criminal Law." Chapter 15: 32-37. In Newcomers' Legal Guide to Massachusetts: Resource Materials for the Community. Boston: Massachusetts Bar Institute, 1998. (Abbreviated version published under title Quick Legal Guide for Newcomers to Massachusetts. Boston: Massachusetts Bar Institute, 1998.)
- With Eric D. Blumenson and Stanley Z. Fisher. Massachusetts Criminal Practice. 2nd ed. vol. 1-2. [Charlottesville, Va.?] : LEXIS Law Publ., 1998.
- With Eric D. Blumenson and Stanley Z. Fisher. Massachusetts Criminal Defense: 1997 Cumulative Supplement, vol. 1-2. Charlottesville, Va.: Michie, 1997.
- "Dangerous Undertones of the New Nativism: Peter Brimelow and the Decline of the West." In Immigrants Out! The New Nativism and the Anti-Immigrant Impulse in the United States, edited by Juan F. Perea, 300-317. New York: New York University Press, 1997.
- "Surrounding the Hole in the Doughnut: Discretion and Deference in U.S. Immigration Law." Tulane Law Review 71 (February 1997): 703-818.
- Immigration Consequences of Criminal Convictions. Boston: Committee for Public Counsel Services, 1996.
- "The Shining City and the Fortress: Reflections on the `Euro-solution' to the German Immigration Dilemma." Boston College International and Comparative Law Review 17 (1993): 201-243.
- "Wer Sind Wir Wieder? Laws of Asylum, Immigration, and Citizenship in the Struggle for the Soul of the New Germany." Yale Journal of International Law 18 (Winter 1993): 155-211.
- "Immigration Consequences of Criminal Offenses." In 1993 Cumulative Supplement to Massachusetts Criminal Defense, Volume 2, Trial and Post Trial, edited by Eric Blumenson and Stanley Z. Fisher, 106-115. Salem, NH: Butterworth Legal Publishers, 1993.
- "Balancing the Privacy Interests of Repatriated Haitians Against the Public Interest in Asylum Procedures." Preview of United States Supreme Court Cases, 1991-92 Term. American Bar Association, September 30, 1991.
- "Judicial Review of Amnesty Denials: Must Aliens Bet Their Lives to Get Into Court?" Harvard Civil Rights-Civil Liberties Law Review 25 (Winter 1990): 53-100.
- "Hello Darkness: Involuntary Testimony and Silence as Evidence in Deportation Proceedings." Georgetown Immigration Law Journal 4 (Fall 1990): 599-638.
- "Federal Court Litigation and Review." In Legalization Handbook: How to Obtain Lawful Residence under the New Immigration Laws, by National Immigration Project of the National Lawyers Guild, 7-1 - 7-17. New York: Clark Boardman, 1989.
- With Helena Goldstein. "Lawsuits." In Legal Tactics: Self Defense for Tenants in Massachusetts, 107-133. Boston: Poverty Law Center, 1987.
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