Citizenship, Immigration and National Security After 9/11: A Symposium

September 20, 2013

McNally Amphitheater, Fordham Law School

In a post 9/11 world, as the U.S. has faced an unconventional, stateless enemy at home and abroad, the relationship between citizenship status and civil liberties has faced new tensions.  The Supreme Court’s landmark rulings in the Guantanamo detainee cases appeared to herald a new era of constitutional protections for noncitizens outside the United States, while the drone strike that killed U.S. citizen Anwar Al–Awlaki arguably reduced the due process rights for U.S. citizens considered terrorist threats.  In the Boston Bombing case and its aftermath, commentators asked whether the Tsarnaev brothers — one a naturalized U.S. citizen, the other a non&ndashcitizen — could be labeled enemy combatants or read their Miranda rights if captured.  Most recently, the U.S. government has relied on the distinction between U.S. persons and foreigners to appease concerns about the intrusive nature of its surveillance programs.

Please join us for a symposium on the complex and shifting nature of citizenship rights in a post 9/11 world.  How have the post 9/11 legal and policy battles affected the legal rights of citizens and non–citizens?  How can we best understand the tensions between the state’s duty to protect its citizens and its desire to protect individual rights and liberties?  Has the vigilance about terrorism weakened the protections associated with citizenship, particularly with respect to ethnic and religious minorities?

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9:00. Breakfast in Atrium

9:30. Welcome Remarks
     Vice Dean Sheila Foster, Fordham Law School

9:45–11:15. Panel 1: Enemy Citizens: Rethinking Rights in Times of War
     Baher Azmy, Center for Constitutional Rights
     David Cole, Georgetown University Law Center
     Thomas Lee, Fordham Law School
     Peter Margulies, Roger Williams University School of Law
     Michael Paulsen, University of St. Thomas School of Law
     Moderator: Karen Greenberg, Center on National Security at Fordham Law School

11:15–11:30. Break; light refreshments in Atrium

11:30–1:00. Panel 2: US Citizenship and the Right to Have Rights
     Linda Bosniak, Rutgers–Camden School of Law
     Jennifer Elsea, Congressional Research Service
     Andrew Kent, Fordham Law School
     Neomi Rao, George Mason University School of Law
     Moderator: Martin Flaherty, Fordham Law School

1:00–2:15. Lunch in Atrium
     Speaker: Benjamin Wittes, Brookings Institution and Lawfare Blog

2:15–3:45. Panel 3: Gaining and Losing Citizenship in the National Security Context
     Muneer Ahmad, Yale Law School
     Ramzi Kassem, City University of New York Law School
     Peter Spiro, Temple University Beasley School of Law
     Stephen Vladeck, American University Washington College of Law
     Leti Volpp, UC Berkeley Law School
     Moderator: Joseph Landau, Fordham Law School

3:45–4:30. Reception in Atrium