Kaiya Lyons

  • July 5, 2017

    by Kaiya Lyons

    At the 2017 ACS National Convention, Professor William Yeomans concluded the breakout panel on whether to serve in an unfriendly administration by emphasizing to the room of current, former and aspiring government lawyers that public service “really is a lawyer’s highest calling.” But for too many law students, the choice to pursue that higher calling comes at a high price, as student loan debt continues to rise well beyond most public interest wages. Later in the day, ACS Board member David Frederick had a simple solution—“make law school less expensive.”

    During the “Progressive Federalism” plenary, Frederick declared that massive student loan debt is the “number one impediment to law students going out and doing public service jobs.” To support his assertion, Frederick pointed to the time-honored tradition of public interest-minded grads spending two to three years in BigLaw to pay down their student loans before entering public service. Frederick explained that, instead of starting in public service, “law students are often forced into corporate law firms” for years to pay off their loans, a practice he characterized as a type of “indentured servitude.” While this image sparked laughter and jokes from the other panelists, Frederick maintained the veracity of his comparison and went on to stress that legal education must be more affordable in order for young lawyers to pursue public interest.

    Forgiveness in Exchange for Services Rendered

    However, much to our collective disappointment, law school tuition hikes show no signs of decreasing, nor does a decrease in tuition rates seem likely. Therefore, law students and recent grads have two options: (1) take the tried-and-true path of their predecessors and enter the corporate sector for a few years with the hope that they will be able to move into the public sector later, or (2) take advantage of the government’s Public Service Loan Forgiveness program and be able to work in public interest law immediately after graduation and have their debt erased after ten years.

  • February 17, 2017

    by Kaiya Lyons

    The Associated Press reported today that the Secretary of Homeland Security has drafted a memorandum that would mobilize thousands of National Guard troops in 11 states "to perform the functions of an immigration officer in relation to the investigation, apprehension and detention of aliens in the United States." Although White House Press Secretary Sean Spicer has denied the existence of any efforts to use the National Guard to deport undocumented immigrants, the plans outlined in the memorandum give rise to serious concerns about the degree of executive control over the National Guard. To what extent can the White House use the power of the National Guard to enforce federal immigration laws?

    Constitutionally, the National Guard exists under continuing state control, but may be used by the federal government to “execute the laws of the Union, suppress insurrections and repel invasions.” Therefore, there are three legally distinct ways the National Guard may be employed. First, the governor of a state may authorize the deployment of troops under state law. Second, a state governor and the president may agree to deploy National Guard troops within that state for a primarily federal purpose under Title 32 of the U.S. Code. Finally, the president may unilaterally mobilize the National Guard for a federal purpose authorized by federal law under Title 10 of the U.S. Code and pursuant to the restriction of military enforcement of domestic policies within the United States under the Posse Comitatus Act.

    Indeed, deploying National Guard troops in consort with state governments to assist in border security operations is not unprecedented. In recent history, both Presidents Bush and Obama have positioned National Guard troops on the United States-Mexico to provide administrative, observational, and logistical support to Border Patrol agents. For instance, in 2006, former President George W. Bush initiated “Operation Jump Start,” which mobilized 6,000 National Guard troops in California, Arizona, New Mexico and Texas to help install border barriers, provide training and assist with border surveillance. In 2010, former President Barack Obama announced the deployment of 1,200 National Guard troops on a similar assignment to support the organizational functions of Border Patrol.