Practicing Immigration Law in a Time of Fear and Flux: Panel Highlights Challenges Under Shifting Federal Policy

A pregnant mother afraid to go to doctor’s appointments for risk of being detained. An 18-year-old living on the streets while he waits for work authorization. A nonverbal child required to represent himself at his court hearing.

These were the stories highlighted at a panel, “Challenges Facing Connecticut Immigration Lawyers in the Age of Trump,”  hosted on May 29 by Quinnipiac University School of Law’s Center on Dispute Resolution and Yale Law School’s Liman Center. The panel brought together immigration attorneys and advocates to discuss the shifting landscape of U.S. immigration policy: Michael Boyle, of the Law Offices of Michael Boyle; Emily Norman, an attorney and managing director for Kids in Need of Defense (KIND)’s Hartford office; and Brittany Eckard, a 2023 Quinnipiac Law graduate now practicing business immigration law at Roberts Immigration Law Group. Moderated by Sheila Hayre, clinical professor of law at Quinnipiac, the event underscored how both headline-making policies and little-known changes are affecting communities across the country.

A Legal System Built for Exception

Hayre opened the evening by noting the unusual legal framework surrounding immigration in the United States. “When I teach my students about immigration law, what I find myself emphasizing is that you learn about the law, the Constitution, civil society, and individual rights — and then you throw it out the window when you are looking at immigration law,” she said. 

Hayre emphasized that long-standing features of immigration law, such as limited due process rights and broad executive authority, were not unique to any one administration. Still, she noted, immigration has become both a political flashpoint and a litmus test for broader democratic principles. 

“The treatment of immigrants is a test of who we are as a society and what we are willing to tolerate with respect to the treatment of the most vulnerable people amongst us.”

Children at the Center of the Storm

Norman spoke about KIND’s work representing children who, without a parent or legal guardian, cross the border into the United States. These children, known as “unaccompanied minors,” are entitled to specific protections under federal law, but Norman described an increasingly difficult landscape. “One of the biggest trends we are seeing is that it is taking a lot longer for them to be released from detention because individuals who normally would come forward to sponsor them are hesitating. There is a lot of fear in the community.”

Norman also described a troubling increase in unaccompanied children receiving rapid court dates at times when they lacked legal representation. She cited recent funding disruptions that have made it challenging to provide desperately needed services. “There is just constant whiplash and back-and-forth.”

A Climate of Fear 

Boyle reflected on how much has changed over his 30-year career. He noted that fear — both of deportation and of the legal system itself — is the biggest problem that his clients face. 

Given recent instances of Immigration and Customs Enforcement (ICE) officials arresting people in both state courthouses and federal buildings, Boyle described clients’ anxiety about appearing in court. While noting that some of the recent enforcement practices mirror tactics from earlier administrations, he emphasized that the scale and frequency have increased.

Immigration and Employment in a Volatile Environment

Eckard, whose practice focuses on the interaction between businesses and immigration, noted that in areas far from the border, sudden policy shifts create burdensome consequences for employers and foreign workers. “I think the biggest challenge that we are facing is the sheer, rapid number of changes.” 

She described one example of an abrupt regulatory change: a client dropped off a passport expecting a routine visa renewal, only to learn that they no longer qualified for an interview waiver. In countries with limited consular appointments, that can mean being stranded abroad for weeks, Eckard explained.

“You truly have no notice; changes are in place before they are even articulating what the new standards are,” she said, adding that the instability fosters anxiety and uncertainty for employees and companies. 

The Search for Solutions

The panelists nonetheless offered paths forward. They emphasized the importance of legal representation, particularly for children, and highlighted opportunities for lawyers, law students, and non-lawyers alike to get involved by volunteering with local advocacy organizations and legal clinics. 

“Even for non-lawyers, if you have language skills, being able to provide volunteer interpretation is great,” said Norman.

The panelists discussed the importance of education and advocacy. One example was that many immigrants may not realize that if they carry proof that they have been in the United States for longer than two years, they may avoid summary removal.

They also highlighted conditions specific to Connecticut, including the Trust Act, a state law that limits cooperation between Connecticut law enforcement and ICE; the ability of undocumented people to obtain drivers’ licenses; and a tight-knit constellation of organizations dedicated to immigrant rights.

In the end, Norman urged the audience to remember the individuals at the heart of the issue.

“Right now, the discourse in this country lumps immigrants into one large category,” said Norman. “I think sometimes it is hard to comprehend how all of these little things impact the daily lives of real people who are just trying to live their lives, be here, and contribute to society.”

The panel was part of the Quinnipiac-Yale Dispute Resolution Workshop, which sponsors discussions among scholars and practitioners in areas of conflict. The series is open to the public and to the Yale and Quinnipiac communities.