An oral history interview with attorney and professor Lucas Guttentag, conducted by Michigan Law 2L Carlos Hurtado-Esteve on December 21, 2023. In this interview, civil rights lawyer and law professor Lucas Guttentag discusses his background and career trajectory, which has included senior policy positions at the Department of Homeland Security and Department of Justice, as well as his work as founder and director of the ACLU Immigrant Rights Project. The interview focuses, in particular, on cases that Professor Guttentag litigated during his time with the Immigrant Rights Project, including lawsuits challenging legislation eliminating judicial review of removal orders, combatting indefinite detention of Haitian refugees at Guantanamo Naval Base, and reshaping asylum adjudications for Central American refugees.
In this interview, civil rights lawyer and law professor Lucas Guttentag discusses his background and career trajectory, which has included senior policy positions at the Department of Homeland Security and Department of Justice, as well as his work as founder and director of the ACLU Immigrant Rights Project. The interview focuses, in particular, on cases that Professor Guttentag litigated during his time with the Immigrant Rights Project, including lawsuits challenging legislation eliminating judicial review of removal orders, combatting indefinite detention of Haitian refugees at Guantanamo Naval Base, and reshaping asylum adjudications for Central American refugees.
View the full interview with Professor Guttentag:
Professor Guttentag discusses several cases that he worked on during his time with the ACLU Immigrant Rights Project, including:
a lawsuit challenging the Immigration Marriage Fraud Amendments of 1986, Anetekhai v. INS;
American Baptist Churches v. Thornburgh, which challenged prosecutions for harboring undocumented persons and resulted in a settlement agreement providing de novo asylum adjudications;
a lawsuit challenging procedures of the Coast Guard interdiction program with respect to Haitian refugees, Haitian Centers Council Inc. v. McNary;
INS v. St. Cyr and Calcano-Martinez v. INS, lawsuits challenging the so-called court-stripping provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996;
Ali v. Rumsfeld, which challenged torture and other inhumane conditions at U.S. detention facilities in Iraq and Afghanistan;
cases addressing local anti-immigrant laws and practices, including Melendres v. Arpaio and Lozano v. City of Hazelton.
By: Civil Rights Litigation Clearinghouse
September 4, 2024
Contents: Clearinghouse Oral History Project Interview with Professor Lucas Guttentag (Fall 2023)
[00:00-02:54] Introduction and background
[02:55-08:28] Law school, clerkship, and early legal career
[08:29-14:00] Work with the immigration clinic at Columbia Law School
[14:01-29:04] Genesis and development of the ACLU Immigrant Rights Project
[29:05-41:34] Anetekhai v. INS and marriage fraud law and policy
[41:35-1:03:34] American Baptist Churches v. Thornburgh, addressing bias in the asylum system, temporary protected status, and other asylum-related reforms
[1:03:35-1:14:51] Haitian interdiction and Haitian Centers Council, Inc. v. McNary
[1:14:52-1:42:21] Challenging jurisdiction stripping in INS v. St. Cyr and Calcano-Martinez v. INS
[1:42:22-1:50:02] On identifying plaintiffs and working with immigrant communities and organizations
[1:50:03-1:56:10] Lawsuits against day laborer ordinances around the country
[1:56:11-2:11:25] Ali v. Rumsfeld, challenging torture and other inhumane practices at U.S. detention centers in Iraq and Afghanistan
[2:11:26-2:26:18] Litigation addressing local-level anti-immigrant law and practice, including Lozano v. City of Hazelton and Melendres v. Arpaio
[2:26:19-2:35:52] Postville, Iowa raids and aftermath
[2:35:53-2:49:40] Post-ACLU career: teaching and federal government work, including on the DAPA program
[2:49:41-2:54:25] Advice for aspiring civil rights lawsuits and concluding remarks
Full Video