Citizenship, Immigration and National Security After 9/11





Panelists included Baher Azmy, David Cole, Linda, Bosniak, Muneer Ahmad, Peter Spiro, Leti Volpp, among many others. 


On Friday, September 20, 2013, the Center on National Security hosted a day-long symposium on the complex and shifting nature of citizenship rights in a post 9/11 world. Experts tackled topic such as the effects of  the post-9/11 legal and policy battles on the legal rights of citizens and non-citizens, the tensions between the state's duty to protect its citizens and its desire to protect individual rights and liberties, and whether vigilance about terrorism has weakened the protections associated with citizenship, particularly with respect to ethnic and religious minorities. 


Watch full videos of the panel discussions below:


Panel 1: Enemy Citizens: Rethinking Rights in Times of War


Baher Azmy is the Legal Director of the Center for Constitutional Rights. He directs all litigation and advocacy around issues around related to the promotion of civil and human rights. At CCR, he has litigated cases related to discriminatory policing practices (stop-and-frisk), government surveillance, the rights of Guantanamo detainees and accountability for victims of torture. Azmy has been published by and appeared on major media outlets including The New York Times, The Washington Post, 60 MInutes, PBS Newshour and MSNBC. 

David Cole teaches constitutional law, national security and criminal justice at Georgetown University Law Center. He is also the legal affairs correspondent for The Nation and a regular contributor to the New York Review of Books. He has been published widely in law journals and the popular press, including the Yale Law Journal, California Law Review, Stanford Law Review, New York Times, Washington Post, The New Republic, Wall Street Journal, and Los Angeles Times. He is the author of seven books. 

Thomas Lee is the Leitner Family Professor of International Law at Fordham Law School. His fields of expertise are international law, international arbitration, comparative and U.S. constitutional law, civil procedures, and the U.S. federal courts. He was also a Visiting Professor at Harvard Law School from 2012-2013, University of Virginia School of Law in 2007, and Columbia Law School from 2005-2006. 

Peter Margulies teaches immigration law, national security law and professional responsibility at Roger Williams University School of Law. As an expert in national security law, Margulies focuses on the balance between liberty, equality and security in issues involving law and terrorism. He has written almost a dozen articles discussing the War on Terror.

Michael Paulsen, is the Distinguished University Chair and Professor of Law at the University of St. Thomas School of Law. Prior to coming to St. Thomas, he served as the McKnight Presidential Professor Law and Public Policy, Briggs and Morgan Professor of Law and Associate Dean for Research and Scholarship at the University of Minnesota Law School. Paulsen received an M.A. in Religion from Yale Divinity School and a J.D. degree from Yale Law School, where he was editor of the Yale Law Journal. 

Karen Greenberg (moderator), director, Center on National Security at Fordham Law School 


Panel 2: U.S. Citizenship and the Right to Have Rights


Linda Bosniak teaches courses in constitional law and theory, immigration law, citizenship law and anti-discrimination law at Rutgers-Camden School of Law. She is a leading expert on issues of immigration, citizenship, nationalism and trans-nationalism, and constitutional equality, and has published extensively in these areas. Her book, The Citizen and the Alien: Dilemmas of Contemporary Membership, has been widely read and reviewed. Professor Bosniak was a resident Fellow at the Rockefeller Center in Belagio, Italy in 2011. She served as acting director of the Rutgers Center for the Critical Analysis of Contemporary Culture and was a visiting professor of politics and visiting fellow in the program on Law and Public Affairs at Princeton University. 

Jennifer Elsea is a legislative attorney and the Senior Specialist in American Public Law at the Congressional Research Service. She has published a number of reports, including: "Criminal Prohibitions on the Publication of Classified Defense Information," "The Protection of Classified Information: The Legal Framework," "Naval Station Guantanamo Bay: History and Legal Issues Regarding Its Lease Agreements," "The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law," among others. 

Andrew Kent teaches and writes about constitutional law, foreign relations law,  federal courts and procedure, national security law, public international law, and professional responsibility and legal ethics at Fordham Law School. After graduating from Yale Law School, Professor Kent was a Climenko Fellow at Harvard Law School and an attorney at Sullivan & Cromwell and Wilmer, Cutler, Pickering, Hale and Dorr. From 2014-2015, Professor Kent served as Senior Counsel to the Solicitor General, State of New York, Office of the Attorney General. 

Neomi Rao is an Associate Professor of Law and Director of the Center for the Study of the Administrative State at George Mason University School of Law. Her areas of expertise include constitutional law, international law, judicial confirmation process and separation of powers. Her analysis of the use of dignity in constitutional law has been widely cited in the United States and abroad. Prior to joining George Mason, Professor Rao served as counsel to the U.S. Senate Committee on the Judiciary, where she was responsible for constitutional law issues. 

Martin Flaherty (moderator) is the Co-Director of the Leitner Family Professor of Law at Fordham Law School. His areas of expertise include constitutional and foreign relations law and international human rights law. 


Panel 3: Gaining and Losing Citizenship in the National Security Context


Muneer Ahmad is a Clinical Professor of Law at Yale Law School where he co-teaches in the Transnational Development Clinic and the Worker and Immigrant Rights Advocacy Clinic (WIRAC). In WIRAC, he and his students represent individuals, groups and organizations in both litigation and non-litigation matters related to immigrants, immigrants' rights and labor and intersections among them. 

Ramzi Kassem is Associate Professor of Law at the City University of New York Law School where he directs the Immigrant and Non-Citizen Rights Clinic. Professor Kassem represents prisoners of various nationalities presently or formerly held at Guantanamo, Bagram Air Base, so-called "Black Sites," and other detention sites worldwide. Before joining the CUNY law faculty in 2009, he was a Robert M. Cover Teaching Fellow and Lecturer in Law at Yale Law School, where he taught in the Civil Liberties & National Security Clinic, as well as the Worker & Immigrant Rights & Advocacy Clinic. Professor Kassem also served as Adjunct Professor of Law at Fordham University School of Law, where he taught in the International Justice Clinic. 

Peter Spiro holds the Charles Weiner Chair in International Law at the Beasley School of Law at Temple University. A former law clerk to Justice David H. Souter of the U.S. Supreme Court, Professor Spiro specializes in international, immigration and constitutional law. He is the author of Beyond Citizenship: American Identity After Globalization and At Home in Two Countries: The Past and Future of Dual Citizenship. He has contributed commentary to such publications as The New York Times, Foreign Affairs, The Wall Street Journal, and the New Republic. Professor Spiro also writes for the leading international law blog, Opinio Juris. 

Stephen Vladeck is a Professor of Law at American University Washington College of Law. His teaching and research focus on federal jurisdiction, constitutional law and national security law. A nationally recognized expert on the role of the federal courts in the war on terrorism, his scholarship has appeared in an array of legal publications, including, the Harvard Law Review and the Yale Law Review, and his writing has been published in The New York Times. Professor Vladeck is also co-editor of Aspen Publishers' leading national security law and counter-terrorism casebooks. He is a 2004 graduate of Yale Law School.  

Leti Volpp is a Robert D. and Leslie Kay Raven Professor of Law in Access to Justice at UC Berkeley Law School. After graduating from Columbia Law School in 1993, she worked as a public interest lawyer for several years and served as a Skadden Fellow at Equal Rights Advocates and the ACLU Immigrants' Rights Project; both as a trial attorney in the Voting Section of the U.S. Department of Justice Civil Rights Division in Washington D.C. and as a staff attorney at the National Employment Law Project. Professor Volpp writes about citizenship, migration, culture and identity. 

Joseph Landau (moderator), associate professor of law, Fordham Law School