From Suing the Man to Serving the Man, with Lucas Guttentag
What happens when you spend decades suing the government, and then help run the government? Back in the 1980s, Lucas Guttentag started the Immigrant Rights Project at the ACLU. He and his team argued hugely consequential cases across the country and all the way to the Supreme Court, securing fundamental due process and nondiscrimination rights for the most vulnerable immigrant communities.
Then, during the Obama and Biden eras, Lucas went to work for his longtime courtroom opponents: the Department of Homeland Security and the Department of Justice. We’ll explore the games lawyers play, what it’s like to pursue change from inside a giant bureaucracy, how the courts became a potent weapon for anti-immigrant forces – and, in the end, how to win.
In This Episode
- Introduction
- Who is Lucas Guttentag?
- The ABC case that changed asylum
- Truth and lies about marriage fraud
- The St. Cyr case that affirmed habeas rights for detainees
- How does one go from fighting the government to being part of the government?
- DHS vs. DOJ rivalries
- Games that DOJ lawyers play
- How does the DOJ bureaucracy work?
- Who decides what’s legal?
- The tragedy of DAPA (Deferred Action for Parents of Americans)
- How has immigration law evolved in the courts?
- The real scandal is the abuses that are legal
- Do you feel optimistic?
Learn More
Amanda, Claire, and Doug express their own personal opinions on The Melting Pod. This episode was produced by Michael Palmer (palmer.media). Read more about the topics in this episode:
Immigration Policy Tracking Project
The Heartbreak of Immigration Reform, with Esther Olavarria
American Baptist Churches (ABC) v. Thornburgh
The U.S. Supreme Court and Obama’s Immigration Actions [DAPA]
Dismantle, Don’t Expand: The 1996 Immigration Laws
20 Years of Immigrant Abuses
The Race to Dismantle Trump’s Immigration Policies
W. Haywood Burns, 55, Dies; Law Dean and Rights Worker
Give More
Want to help build a more sane and humane immigration system? Support hardworking organizations like these:
National
Working to ensure the U.S. keeps its promise to our Afghan allies
The country’s largest membership organization of asylum seekers, working together for change
Organizing and advocating for racial, social and economic justice
Providing humanitarian, legal, and social services
Strategic litigation and advocacy to uphold the rights of people seeking safety
Immigrant justice through litigation and storytelling
Local
Legal and humanitarian support to refugees, deportees, and other migrants in the U.S. and Tijuana
Providing assistance to the poor and most vulnerable populations in the Rio Grande Valley community
Free and low-cost legal services to immigrants and refugees in West Texas, New Mexico, and Ciudad Juarez, Mexico