LAWGEN 118Q: Re-Imagining U.S. Border Law and Policy
Course Description
The U.S.-Mexico border is a region marked by vibrant natural beauty, a welcoming culture, and defined by cross-border communities unwilling to let the border and its politics define them. But why is the border such a convenient muse for fear driven rhetoric, law, and policy? By any metric U.S. border law and policy of the past 30 years has been a complete failure. It has caused thousands of deaths, ripped families apart, militarized and surveilled U.S. communities, grown the largest law enforcement agency in the nation, and never achieved the government’s aim of reducing border crossings. Beyond the headlines, U.S. border law and policy actually goes well beyond the border itself. Did you know one-third of the U.S. population lives within the 100-mile border zone? Did you know Border Patrol is permitted to consider race when stopping a vehicle? Did you know it was Border Patrol agents who abducted protestors off the streets of Portland in 2020 and flew drones over Minneapolis? U.S. border law and policy is as much about policing and surveillance as about immigration.
This course is for any interested student, no matter their major. It will explore the multifaceted elements of U.S. border law and policy, both related to arriving migrants and to Border Patrol’s far and expanding reach domestically and abroad. Through guest speakers, seminar discussions, and simulations students will learn how the U.S. border operates on paper and in practice. We will explore together if we can imagine border law and policies that respect human rights while grappling with today’s political realities. Students will leave the course with a deep understanding of border law and policy and analytical skills to apply to complex policy or legal issues, particularly those marked by politics. Class preparation and participation and a short final paper are required.
Meet the Instructor: Shaw Drake
“I am a Lecturer in Law and a Clinical Supervising Attorney for the International Human Rights & Conflict Resolution Clinic at the law school. At the Clinic I’ve supervised projects in El Salvador, Panama, and Colombia on issues related to “rights across borders,” aimed at addressing various aspects of regional migration. I began my border work in 2009 with the humanitarian aid organization, No More Deaths, in Arizona. Prior to coming to Stanford Law, I worked as an attorney for the American Civil Liberties Union (ACLU) on the U.S.-Mexico border. As an ACLU lawyer I defended border communities against unconstitutional and inhuman policies, and worked to hold Border Patrol accountable for abuse and deaths. Living and working from El Paso, TX, I challenged policies aimed at ending access to asylum, through litigation and advocacy before Congress, and pushed for reform to reign in Border Patrol. My work at the ACLU documented numerous cases of government abuse of migrants and border community members, exposed Border Patrol’s deployment of sniper units to George Floyd’s burial service during the summer of 2020, helped end shadow investigation units tasked with protecting agents, and changed Border Patrol’s vehicle pursuit policy. My upcoming law review article in the San Diego Law Review examines deadly border deterrence policies, particularly the rise of Border Patrol vehicle pursuits and the swift removal of witnesses to misconduct. My work has been featured in the New York Times, The Atlantic, the Associated Press, Univision, CNN, and NPR, among others."
