César Cuauhtémoc García Hernández University of Denver Sturm College of Law • 2255 E. Evans Ave. • Denver, Colorado 80208 (303) 871-6442 • [email protected] www.crimmigration.com Academic Appointments University of Denver Sturm College of Law Associate Professor (with tenure) 2017-present Co-director, Immigration Justice Project 2018-present Assistant Professor 2016-2017 Visiting Professor 2013-2016 Courses: Criminal Procedure, Crimmigration Law Seminar, Immigration Law, Torts, and Legal Actors and Institutions Capital University Law School Associate Professor 2013-2016 Assistant Professor 2010-2013 Courses: Criminal Procedure, Crimmigration Law Seminar, Immigration and Naturalization Law, and Torts University of Tulsa College of Law Visiting Assistant Professor Spring 2010 Courses: Criminal Law, and Immigration Law and Procedure Books MIGRATING TO PRISON: IMMIGRATION IN THE ERA OF MASS INCARCERATION (The New Press 2019) § Featured on New York Times, C-SPAN Book TV, MSNBC, NPR, TEDxMileHigh § Reviewed in New York Review of Books (November 5, 2020), Columbia Law Review Online (October 14, 2020), Washington Post (January 23, 2020), The Intercept (December 28, 2019), Texas Observer (December 3, 2019) § Excerpted in Borderless Magazine (November 27, 2019) CRIMMIGRATION LAW (American Bar Association Publishing 2015) § Second edition expected fall 2021 García Hernández | page 1 of 35 Scholarly Articles Criminalizing Migration, Dædalus (forthcoming 2021) Deconstructing Crimmigration, 52 U.C. DAVIS LAW REVIEW 197 (2018) Abolishing Immigration Prisons, 97 BOSTON UNIVERSITY LAW REVIEW 245 (2017) Immigration Imprisonment’s Failures, 36 IMMIGRATION AND NATIONALITY LAW REVIEW 37 (2016) Naturalizing Immigration Imprisonment, 103 CALIFORNIA LAW REVIEW 1449 (2015) Immigration Detention as Punishment, 61 UCLA LAW REVIEW 1346 (2014) § Cited in United States v. Estrada-Mederos, 784 F.3d 1086, 1091 n.1 (7th Cir. 2015) § Reprinted in BENDER’S IMMIGRATION BULLETIN (July 15, 2014) § Reprinted in 35 IMMIGRATION AND NATIONALITY LAW REVIEW 385 (2014) Creating Crimmigration, 2013 BRIGHAM YOUNG UNIVERSITY LAW REVIEW 1457 (2013) Strickland-Lite: Padilla’s Two-Tiered Duty For Noncitizens, 72 MARYLAND LAW REVIEW 844 (2013) Criminal Defense After Padilla v. Kentucky, 26 GEORGETOWN IMMIGRATION LAW JOURNAL 475 (2012) § Cited in State v. Gomez, 2016 WL 4537602 (N.J. Super. Ct. App. Div. 2016) § Cited in Encarnacion v. State, 2014 WL 4667503 (GA 2014) § Cited in State v. Morris, 2014 WL 1407705 (N.J. Super. Ct. App. Div. 2014) (unpublished) Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel, 21 BERKELEY LA RAZA LAW JOURNAL 17 (2011) When State Courts Meet Padilla: A Concerted Effort is Needed to Bring State Courts Up to Speed on Crime-Based Immigration Law Provisions, 12 LOYOLA JOURNAL OF PUBLIC INTEREST LAW 299 (2011) § Quoted in Lopez-Penaloza v. State, 804 N.W.2d 537 (Iowa Ct. App. 2011) La Migra in the Mirror: Immigration Enforcement and Racial Profiling on the Texas Border, 23 NOTRE DAME JOURNAL OF LAW, ETHICS, AND PUBLIC POLICY 167 (2009) § Reprinted in CYNTHIA LEE ET AL., CRIMINAL PROCEDURE: CASES AND MATERIALS (2016) García Hernández | page 2 of 35 Shorter Academic Works Criminalizing Migration, Ending Rights: The Case of United States Crimmigration Law, in CAUSES AND CONSEQUENCES OF MIGRANT CRIMINALIZATION, edited by Neža Kogovšek Šalamon (Springer 2020) Crimmigration Realities & Possibilities, Foreword to Special Issue, Crimmigration Symposium, 16 OHIO STATE JOURNAL OF CRIMINAL LAW 1 (2018) Deportations Past, Deportations Present, 54 TULSA LAW REVIEW 237 (2019) (with Allison Crennen-Dunlap) Immigrant Defense Funds for Utopians, 75 WASHINGTON & LEE LAW REVIEW 1393 (2018) Pragmatics and Problems, 69 FLORIDA LAW REVIEW FORUM 1 (2017) (with Allison Crennen- Dunlap) What is Crimmigration Law?, INSIGHTS ON LAW & SOCIETY, Spring 2017, at 22 (2017) Book Review: The Deportations Delirium, CRIMINAL LAW AND CRIMINAL JUSTICE BOOKS ONLINE (2017) (with Sarah Flinn) The Life of Crimmigration Law, 92 DENVER UNIVERSITY LAW REVIEW 1 (2015) (CrImmigration Law: Crossing the Border Between Criminal Law and Immigration Law Symposium Introduction) Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime, 92 DENVER UNIVERSITY LAW REVIEW ONLINE 41 (2015) Unseen Exclusions in Voting and Immigration Law, 17 BERKELEY JOURNAL OF AFRICAN-AMERICAN LAW & POLICY 168 (2015) (published simultaneously in 7 TOURO JOURNAL OF RACE, GENDER, & ETHNICITY 168 (2015)) Invisible Spaces and Invisible Lives in Immigration Detention, 57 HOWARD LAW JOURNAL 869 (2014) Book Review: Social Control and Justice: Crimmigration in the Age of Fear, 60 CRIME, LAW, & SOCIAL CHANGE 457 (2013) Immigrant Outsider, Alien Invader: Immigration Policing Today (LatCrit XVI Symposium Introduction), 48 CALIFORNIA WESTERN LAW REVIEW 231 (2012) The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness, 1 COLUMBIA JOURNAL OF RACE AND LAW 353 (2012) García Hernández | page 3 of 35 Padilla v. Kentucky’s Inapplicability to Undocumented and Non-Immigrant Visitors, 39 RUTGERS LAW RECORD 47 (2012) § Cited in García v. State, 425 S.W.3d 248 (Tenn. 2013) Fifteen Years of Reconstructing the World (LatCrit XV Symposium Foreword), 14 HARVARD LATINO LAW REVIEW 243 (2011) (with Marc-Tizoc González) Of Inferior Stock: The Two–Pronged Repression of Radical Immigrant Birth Control Advocates at the Turn–of–the–Twentieth–Century, 20 ST. THOMAS LAW REVIEW 513 (2008) Radical Environmentalism: The New Civil Disobedience?, 6 SEATTLE JOURNAL FOR SOCIAL JUSTICE 289 (2007) Ready or Not, the Velorution Has Arrived: Critical Mass—An Experiment in Democracy, 8 LOYOLA JOURNAL OF PUBLIC INTEREST LAW 101 (2007) Feeble, Circular, and Unpredictable: OSHA’s Failure to Protect Temporary Workers, 27 BOSTON COLLEGE THIRD WORLD LAW JOURNAL 193 (2007) (Note) Blog Author and Founder, crimmigration.com, since January 2009 § Original content about cutting-edge developments in the case law, academic literature, and policy debates § More than 900 regular subscribers § Approximately 5000 Twitter followers § Featured on ABA Journal’s Top 100 Blawgs of 2012 and Prison Policy Initiative’s “favorite criminal justice research” of 2017 Opinion Articles Funding Immigrant Defense Promotes Justice, Denver Post (September 25, 2020) Defunding the Police Would Limit Their Cooperation with ICE, Prism (August 24, 2020) Close Immigration Prisons, New York Times (March 19, 2020) The Political History of Locking Up Immigrants in the United States, Los Angeles Times (January 5, 2020) García Hernández | page 4 of 35 Ellis Island Welcomed Thousands to America – But It Was Also a Detention Center, Time Magazine (January 1, 2020) Abolish Immigration Prisons, New York Times (December 3, 2019) The Immigration Crisis Archive, Public Books (October 25, 2019) The Case for Nuance in Immigrant Stories, NACLA Reader (September 13, 2019) Don’t Tie Immigration Law Reform to El Paso, Salon (August 20, 2019) Locked Up Migrants and Fast-Track Deportations, The Guardian (July 30, 2019) This Man Could Go to Jail for 20 Years for Giving Migrants Food and Water, The Guardian (May 10, 2019) In Trump’s America, “Law and Order” Only Applies to Certain People, HuffPost (September 21, 2018) Family Separation Was a Choice, HuffPost (July 27, 2018) Resisting Family Separation and Family Detention in South Texas, Texas Tribune TribTalk (July 3, 2018) (with Carlos M. García) Cruel and Immoral: America Must Close the Doors of its Immigration Prisons, The Guardian (June 17, 2018) Abolish the ICE Prison Complex, The New Inquiry (May 16, 2018) Keep ICE Arrests Out of Courts, New York Times (November 27, 2017) Does it Make Sense to Target “Criminal” Undocumented Immigrants, Newsweek (August 9, 2017) A Fighting Chance—How Immigrant Defense Funds Reduce Detentions and Deportations, Feet in 2 Worlds (July 27, 2017) Time for Denver to Haul ICE into Court, Denver Post (June 19, 2017) If Greg Gianforte Were an Immigrant, He’d be Deported. Not Heading to Congress, The Guardian (June 13, 2017) Colorado Sanctuary City Bill Relies on Fallacies, Denver Post (April 21, 2017) (with Christopher N. Lasch) García Hernández | page 5 of 35 Funding Lawyers for Immigrants is a Path Forward in the Age of Trump, Huffington Post (April 12, 2017) ¿Cerrará ICE las puertas de la corte? (Will ICE Close the Courthouse Doors?), La Opinión (April 5, 2017) Beyond Rhetoric: “Sanctuary” in Practice, NACLA Reader (February 17, 2017) Bipartisan Immigration Imprisonment, NACLA Reader (October 26, 2016) Time to Rethink Immigration Detention, NACLA Reader (March 27, 2013) On Immigration, Courts Sully Motto: Justice, Independence, Honor, Providence Journal (July 18, 2008) No Human Being Is Illegal: Moving Beyond Deportation Law, MONTHLY REVIEW (June 2008) Other Publications Foreword, The Real National Emergency: Zero Tolerance and the Continuing Horrors of Family Separation at the Border, Texas Civil Rights Project (February 2019) Immigration Detention: Vulnerable Populations, Latino Community Foundation of Colorado Immigration White Paper Series (December 2017) Immigration Detention: Children and Families, Latino Community Foundation of Colorado Immigration White Paper Series (December 2017) Immigration Detention: Adults, Latino Community Foundation of Colorado Immigration White Paper Series (December 2017) Crimmigration Law, Denver Law Alumni Magazine (March 2016) Detention