Jon Bauer, J.D.

Clinical Professor of Law

  • Hartford CT UNITED STATES

Expertise: Asylum and Refugee Law, Immigration Law, Employment and Housing Discrimination, and Legal Ethics

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Spotlight

2 min

What does the latest federal ruling mean for DACA? A UConn expert weighs in.

Deferred Action for Childhood Arrivals, more commonly known as DACA, was introduced in 2012, and ithas enabled roughly 828,000 eligible young adults to work, attend school, and live out their lives in the United States, the only country they know as their home, according to the American Immigration Council. DACA is back in news, though, after a federal judge in Texas ruled that the program was unconstitutional, a decision that attorney, scholar, and expert Jon Bauer from the UConn School of Law says is shaky:  The decision in federal court wasn’t a surprise to Jon Bauer, who directs the University of Connecticut Law School’s Asylum and Human Rights Clinic. Because Hanen is known for his conservative judicial philosophy, according to Bauer, the ruling was expected to interfere with DACA in some capacity. But Bauer said the ruling could be overturned. “The reasoning of the decision is very weak, in my opinion. The judge, I think, misconstrued the scope of the Department of Homeland Security's authority to engage in what's called deferred action, which is what the DACA program is,” Bauer said. Connecticut has 3,560 residents who have DACA, as of March 2020, according to the Department of Homeland Security which administers the policy. Current recipients aren’t in immediate danger of losing their status, since the ruling as of now only prevents first time applicants from getting DACA. Bauer said that non-citizens have long been allowed to work with deferred action. While the federal government can conceivably attempt a legislative path to citizenship for DACA recipients, the road ahead to any permanent solution is uncertain due to the divisive nature of the current Congress. July 31, 2021 – Hearst Connecticut Media The fate of DACA is important not just to the individual recipients, but to the immigration system and economy of the United States more broadly.  If you are a journalist looking to know more, then let us help. Jon Bauer is a clinical professor of law and is the director of the UConn School of Law’s Asylum and Human Rights Clinic. He is a go-to expert in the areas of asylum and refugee law, immigration law, employment and housing discrimination, and legal ethics. Professor Bauer is available to speak with media regarding this most recent DACA ruling – simply click on his icon now to arrange an interview today.

Jon Bauer, J.D.

Biography

Jon Bauer directs the Law School’s Asylum and Human Rights Clinic, a program in which law students, supervised by Clinic faculty, represent refugees who have fled persecution and are seeking asylum in the United States. Since the program’s founding in 2002, it has won grants of asylum or related forms of relief for more than 140 clients and their families. Professor Bauer, a Yale Law School graduate, has been teaching and supervising students since 1988, when he joined the UConn faculty after four years as a staff attorney with the Legal Action Center, a public interest law firm in New York City. His teaching also has included courses in employment discrimination law, refugee law, immigration and workplace rights, evidence, and a course about Wal-Mart, as well as clinics in the areas of civil rights, poverty law, and mediation.

Professor Bauer’s scholarly writing includes studies of multiple nationality and refugees, the role of physicians in asylum cases, the ethical implications of secret settlements, and discrimination against people with disabilities in the bar admissions process. An article on clinical pedagogy he co-authored with Professor James H. Stark has been included in the Clinical Legal Education Association’s bibliography of basic reading for new clinical teachers. When not in the classroom or in court, Professor Bauer dedicates much of his time to public service. He is a past president of the Connecticut Fair Housing Center, and has served on the boards of several legal services organizations. In 2015, the Connecticut Bar Association presented him with the Tapping Reeve Legal Educator Award for his contributions to legal education and the legal profession, and in 2016 he received a civil rights “Leaders and Legends” award from the Connecticut Commission on Human Rights and Opportunities.

Areas of Expertise

Asylum and Human Rights
Employment and Housing Discrimination
Asylum and Refugee Law
Immigration Law
Legal Ethics

Education

Yale Law School

J.D.

1984

Cornell University

B.A.

1981

Affiliations

  • University of Connecticut, Gladstein Committee (governing board of Human Rights Institute), 2011 to present
  • University of Connecticut, President’s Working Group on Immigration Changes, 2017 to present

Social

Media

Media Appearances

Outmoded mental health questions for bar admission are changing, but slowly

Reuters  online

2023-09-29

To University of Connecticut School of Law professor Jon Bauer, who for three decades has been at the forefront of the fight in challenging bar mental fitness questions as discriminatory, it’s a “good example of the arc of the moral universe” (as Martin Luther King Jr once said) bending toward justice.

“The tide is turning, although it’s a very slow process,” Bauer told me.

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'Here we go again': CT DACA recipients push forward after court decision

Hearst Connecticut Media  print

2021-07-31

The decision in federal court wasn’t a surprise to Jon Bauer, who directs the University of Connecticut Law School’s Asylum and Human Rights Clinic. Because Hanen is known for his conservative judicial philosophy, according to Bauer, the ruling was expected to interfere with DACA in some capacity.

But Bauer said the ruling could be overturned.

“The reasoning of the decision is very weak, in my opinion. The judge, I think, misconstrued the scope of the Department of Homeland Security's authority to engage in what's called deferred action, which is what the DACA program is,” Bauer said.

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Secrecy of Settlements at Fox News Hid Bad Behavior

New York Times  online

2019-08-18

Jon Bauer, a professor of law at the University of Connecticut who has written extensively about workplace discrimination, also says the issue goes well beyond Fox News. “Employees are rewarded for shielding powerful people in the organization,” he said. “That’s the culture in many workplace settings.”

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Event Appearances

Refugees and the Asylum “Crisis”

Tzedek Shabbat Speaker Series, Scarsdale Synagogue  Scarsdale, NY

2019-01-18

Dreams Turned to Nightmares: The U.S. Immigration System, Youth, and Families

Diversity Week event, UConn Law School  Hartford, CT

2019-03-26

Law School Clinics and the Work of the UConn Asylum and Human Rights Clinic

The Law Society, University of Connecticut,  Storrs, CT

2019-03-27

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Articles

The Character of the Questions and the Fitness of the Process: Mental Health, Bar Admissions and the Americans with Disabilities Act

UCLA Law Review

2001-10-01

During the decade since the Americans With Disabilities Act went into effect, mental health inquiries by bar examining committees have engendered intense controversy. Courts have reached no clear consensus as to what, if any, questions about mental illness or substance abuse may be posed by licensing agencies. The trend has been towards a form of relaxed scrutiny that authorizes inquiries as long as they are focused on serious conditions that may interfere with practice, and are reasonably tailored in scope and time. This article examines the implications of allowing disability inquiries in the lawyer licensing process.

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Buying Witness Silence: Evidence-Suppressing Settlements and Lawyers' Ethics

Oregon Law Review

2008-07-14

Lawyers frequently draft settlements that impede other parties' access to relevant evidence through clauses that prohibit the plaintiff from disclosing information to anyone with a claim against the defendant or forbid all discussion of the facts underlying the dispute. This Article argues that lawyers who negotiate these noncooperation agreements violate Rule 3.4(f) of the Model Rules of Professional Conduct, which prohibits requesting someone other than the lawyer's own client to withhold relevant information from another party, and Model Rule 8.4(d), which prohibits conduct prejudicial to the administration of justice.

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Multiple Nationality and Refugees

J. Transnat'l L.

2014

Persons with more than one nationality (" multiple nationals") who flee persecution in their home country may have compelling reasons to seek asylum elsewhere rather than go to a second country of nationality where they have no ties or face serious hardships.

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