César Cuauhtémoc García Hernández
Professor of Law
César Cuauhtémoc García Hernández is a professor of law at the University of Denver who writes and teaches about the intersection of criminal and immigration law. He has published two books, Migrating to Prison: America’s Obsession with Locking Up Immigrants (2019), and Crimmigration Law (2015). His scholarly articles about the right to counsel for migrants in the criminal justice system, immigration imprisonment, and race-based immigration policing have appeared in the California Law Review, UCLA Law Review, BYU Law Review, Maryland Law Review, and Georgetown Immigration Law Journal, among others. He also publishes the blog crimmigration.com.
César’s analyses of policies affecting migrants regularly appear in media in the United States and abroad. He has published opinion articles in The New York Times, Los Angeles Times, The Guardian, Time, and many other venues. Through hundreds of interviews, he has lent his expert analysis to journalists in Brazil, Canada, Germany, South Africa, and the United States. He also served two terms as a member of the American Bar Association’s Commission on Immigration.
César’s accomplishments have been widely recognized. In 2020, he delivered the Buck Colbert Franklin Memorial Civil Rights Lecture at the University of Tulsa, named after the pioneering African-American lawyer who devoted countless hours to assisting victims of the Tulsa Race Riots. In 2019, the Civil Rights Education and Enforcement Center honored him with its Challenging Discrimination Award. He is a past Fulbright Scholar and has been a scholar-in-residence at the University of California, Berkeley and Texas Southern University. He is also a past recipient of the Derrick A. Bell, Jr. Award by the Association of American Law Schools Section on Minority Groups, an honor issued to a “junior faculty member who, through activism, mentoring, colleagueship, teaching and scholarship, has made an extraordinary contribution to legal education, the legal system or social justice.”
César was born and raised in McAllen, Texas, and is of counsel to García & García Attorneys at Law, P.L.L.C.
- JD, Boston College, 2007
- AB, American Civilization, Literatures in English, Brown University, 2002
Licensure / Accreditations
- State Bar of Texas
- Migrating to Prison: America’s Obsession with Locking Up Immigrants (2019).
- Deportations Past, Deportations Present, co-authored with Allison Crennen-Dunlap, 54 Tulsa Law Review 237 (2019).
- Pragmatics and Problems, co-authored with Allison Crennen-Dunlap (2018).
- Immigrant Defense Funds for Utopians, 75 Washington and Lee Law Review 1393 (2018).
- Deconstructing Crimmigration, 52 University of California Davis Law Review 197 (2018).
- Abolishing Immigration Prisons, 97 Boston University Law Review, 245 (2017).
- Immigration Imprisonment’s Failures, 36 Immigration and Nationality Law Review 47 (2016).
- CrImmigration Law (American Bar Association 2015).
- Naturalizing Immigration Imprisonment, 103 California Law Review 1449 (2015).
- Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime, 92 Denver University Law Review Online 41 (2015).
- The Life of Crimmigration Law, Denver University Law Review, Vol. 92, No. 4 (2015).
- Immigration Detention As Punishment, 61 UCLA Law Review 1346 (2014).
- Invisible Spaces and Invisible Lives In Immigration Detention, 57 Howard Law Journal 869 (2014).
- Creating CrImmigration, 2013 Brigham Young University Law Review 1457.
- Book Review: Social Control and Justice: Crimmigration in the Age of Fear, 60 Crime, Law, and Social Change 457 (2013).
- Strickland-Lite: Padilla's Two-Tiered Duty for Noncitizens, 72 Maryland Law Review 844 (2013).
- The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness, 1 Columbia Journal of Race and Law 353 (2012).
- Criminal Defense After Padilla v. Kentucky, 26 Georgetown Immigration Law Journal 475 (2012).
- Immigrant Outsider, Alien Invader: Immigration Policing Today, 48 California Western Law Review 231 (2012).
- Padilla v. Kentucky's Inapplicability to Undocumented and Non-Immigrant Visitors, 39 Rutgers Law Record 47 (2012).
- Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel, 21 Berkeley La Raza Law Journal 17 (2011).
- When State Courts Meet Padilla: A Concerted Effort is Needed to Bring State Courts Up to Speed on Crime-Based Immigration Law Provisions, 12 Loyola Journal of Public Interest Law 299 (2011).
- La Migra in the Mirror: Immigration Enforcement and Racial Profiling on the Texas Border, 23 Notre Dame Journal of Law, Ethics, and Public Policy 167 (2009).
- Of Inferior Stock, The Two-Pronged Repression of Radical Immigrant Birth Control Advocates at the Turn-of-the-Twentieth-Century, 20 St. Thomas Law Review 513 (2008).