Presumption Rebutted: Rethinking the Presumption of Regularity in Immigration Litigation

Built over years of trust and grounded in a long historical pedigree, the presumption of regularity reflects the judiciary’s faith that government actors have properly discharged their duties and will make accurate representations to the courts. In recent years, however, that presumption has come under increasing strain. 

Presented by graduating students of the Federal Immigration Litigation Clinic, this CLE will examine how these developments have been especially salient in immigration litigation, where courts have, in some instances, found government action to be unlawful, unsupported, or inadequately explained. The session will further consider whether the presumption of regularity framework remains sustainable in its traditional form and will discuss how clinic students have seen the presumption tested and challenged in their own clinical work.

 A reception will immediately follow the presentations.