BACKGROUND

Daniel Kanstroom is Professor of Law, the Director of the International Human Rights Program, and an Associate Director of the Boston College Center for Human Rights and International Justice. He teaches Immigration and Refugee Law, International Human Rights Law, Administrative Law, and the International Human Rights Semester in Practice.

Professor Kanstroom founded and directs 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 advised many community groups, NGO’s and government agencies in the U.S. and abroad. He continues to organize the Immigration Spring Break Trips.  See 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, the UCLA Law Review, and the French Gazette du Palais. His book, Deportation Nation, was published by Harvard University Press in 2007, and released in paperback in 2010. His newest book, Aftermath, Deportation Law and the New American Diaspora, will be published by Oxford University Press in July 2012.

Professor Kanstroom has served on the American Bar Association's Immigration Commission and the Advisory 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, American University, King’s College, the Fletcher School of Law and Diplomacy, and Vermont Law School. 

EDUCATION

B.A., State University of New York at Binghamton; J.D., Northeastern University; LL.M., Harvard University.

RECENT ACTIVITIES

March 2012, “A Voteless Class of Litigants: Noncitizen Participation in the Polity,” William and Mary Law School Bill of Rights Symposium; March 2012, Panel speaker following showing of film. AbUSed, Emerson College; February 2012, “Fireside Chat” at Eliot House, Harvard University;  February 2012, Delivered annual Law in Motion lecture at Northwestern University; October 2011, A History and Critique of Deportation, Episcopal Divinity School,  Cambridge, MA; September 2011, The Futures of Immigration, Nieman Foundation, Harvard University; July 2011, Deportation and Human Rights, Council on Foreign Relations, New York; July 2011, Deportation Time Line http://www.deportationnation.org/multimedia/deportation-nation-a-timeline-of-immigrant-criminalization/ ;  January 2011, Symposium at UCLA Law School on Immigration and Criminal Law.

Work(s) in Progress:  

After Deportation: Deportation Law and the New American Diaspora (forthcoming Oxford University Press 2012)

“A Voteless Class of Litigants: Noncitizen Participation in the Polity,” William and Mary Bill of Rights Journal (forthcoming 2012)

Migrant Illegality: Constructions, Experiences, and Possibilities (with Cecilia Menjivar)

Passed Beyond Our Aid? Responses to the New Deportations Delirium (with M. Brinton Lykes)

U.S. Deportation: A System in Serious Need of Reform (with Jessica Chicco)

Appointments: Appointed Interim Director of the BC Center for Human Rights and International Justice, Fall 2009.

COURSES

Fall 2011: Immigration Law

Spring 2012: International Human Rights; Semester in Practice: International Human Rights

PUBLICATIONS

• Immigration Law: Current Challenges and the Elusive Search for Legal Integrity, IMMIGRATION PRACTICE MANUAL, MCLE  NEW ENGLAND (2012);
• "The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment." UCLA Law Review 58 (2011): 1461-1514.
• Deportations and Repatriations,  The Oxford Encyclopedia of American Social History (2011);
• "Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?" New England Law Review 45, no.2 (Winter 2011): 305-326.
• "'Passed Beyond Our Aid:' U.S. Deportation, Integrity, and the Rule of Law." Fletcher Forum of World Affairs 35, no.2 (Summer 2011): 95-107.
• “Should There Be Remote Public Access to Court Filings in Immigration Cases?” Fordham Law Review 79 (October 2010): 25-44. 
• "Loving Humanity While Accepting Real People: A Critique and a Cautious Affirmation of the 'Political' in U.S. Asylum and Refugee Law." In Driven From Home: Protecting the Rights of Forced Migrants, David Hollenbach, ed., 115-145. Washington, D.C. : Georgetown University Press, 2010.
• With Lenore M. Glaser.  "Immigration." In Crime and Consequence: The Collateral Effects of Criminal Conduct, 2nd ed., edited by William J. Meade and Daniel J. Winslow, 8-1 - 8-56.  Boston: Massachusetts Continuing Legal Education, 2009.
  
• "Law, Torture, and the 'Task of the Good Lawyer' - Mukasey Agonistes." Symposium issue: The Pen, the Sword, and the Waterboard: Ethical Lawyering in the "Global War on Terrorism." Boston College International & Comparative Law Review 32, no.2 (Spring 2009): 187-202.
  
• "On 'Waterboarding': Legal Interpretation and the Continuing Struggle for Human Rights." Boston College Third World Law Journal 28, no.2 (Spring 2008): 269-287. (Also appears in Boston College International & Comparative Law Review 32, no.2 (Spring 2009): 203-221.)
  
• 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 (August 2007): 195-231.
  
• "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.