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Indiana Law Journal

Document Type

Lecture

Publication Date

Spring 2023

Publication Citation

98 Indiana Law Journal 977 (2023)

Abstract

This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university professor in recognition of his scholarship, teaching, and public service. In her Fuchs lecture, Professor Eagly explores the growing bipartisan consensus behind “second chance” reforms in the state and federal criminal legal systems. These incremental reforms acknowledge racial bias, correct for past injustices, and reward personal growth. Drawing on legal doctrine, her research, and examples from practice, she outlines how the immigration system—where the need for reform is also urgent—would benefit from similar second chance reforms to start to address the legacy of racism and exclusion that have built today’s criminalized immigration system. First steps could include expanding immigration judge discretion to evaluate individual circumstances, reinvigorating state pardon processes, and expanding access to counsel in immigration proceedings.

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