David A. Martin

  • Warner-Booker Distinguished Professor of International Law Emeritus

A leading scholar in immigration, constitutional law and international law, David A. Martin has helped shape immigration and refugee policy while serving in several key U.S. government posts. He joined the Virginia law faculty in 1980, after a period of private practice in Washington, D.C., and service as special assistant to the assistant secretary in the State Department’s then-new human rights bureau. He has published numerous books and articles in scholarly journals, including a leading casebook on immigration and citizenship law, now in its eighth edition. His op-ed commentary has been published in The Washington Post, The New York Times, Vox, The Hill, the International Herald Tribune and The National Law Journal, among others.

As principal deputy general counsel of the Department of Homeland Security from January 2009 to December 2010, and in earlier government service at the Department of State and the Department of Justice (including an appointment as general counsel to the Immigration and Naturalization Service, 1995-98), Martin was closely involved in critical legal and policy developments in the immigration field. These included the Refugee Act of 1980, a major alteration of U.S. asylum procedures in 1995, implementation of the 1996 statutory amendments to the immigration laws, Obama administration reforms of enforcement priorities and the detention system used in connection with immigration removal proceedings, and the federal government’s 2010 lawsuit against Arizona’s restrictive immigration enforcement law. He also served as DHS’ representative on the interdepartmental task forces created by President Obama’s executive orders for evaluating the cases of all detainees at Guantánamo and for reviewing overall detention policies in the battle against terrorism. Martin was appointed to the federal government’s Homeland Security Advisory Council in 2015. He served on the Council until July 2018 when, along with three other members, he resigned in protest of the administration’s policy of separating children in immigration detention from their parents. Martin has also been engaged since 2018 as an expert consultant to the Judicial Conference’s Committee on Federal-State Jurisdiction.

A graduate of DePauw University and Yale Law School (where he was editor-in-chief of the Yale Law Journal), Martin served as a law clerk for Judge J. Skelly Wright and Justice Lewis F. Powell Jr. He has held a German Marshall Fund Fellowship for research in Geneva, and in 1988 he chaired the Immigration Section of the Association of American Law Schools. From 2003 to 2005 he served as vice president of the American Society of International Law, and he was a member of the Board of Editors of the American Journal of International Law from 2004 to 2014. Martin retired from teaching and took emeritus status at the University in 2016.

Scholarship Profile: A Trailblazer in Immigration and Refugee Law (Virginia Journal 2001)

Education

  • J.D.
    Yale Law School
    1975
  • B.A.
    DePauw University
    1970

Books

The Immigration Debate, Miller Center of Public Affairs (2008).
Immigration Stories (edited with Peter H. Schuck), Foundation Press (2005).
International Law: A Handbook for Judges (with David J. Bederman & Christopher J. Borgen), American Society of International Law (2003).
Rights and Duties of Dual Nationals: Evolution and Prospects (edited with Kay Hailbronner), Kluwer Law International (2003).
Immigration Controls: The Search for Workable Policies in Germany and the United States (edited with Kay Hailbronner, Hiroshi Motomura), Berghahn Books (1998).
Immigration Admissions: The Search for Workable Policies in Germany and the United States (edited with Kay Hailbronner, Hiroshi Motomura), Berghahn Books (1997).
The Endless Quest: Helping America’s Farm Workers (with Philip L. Martin), Westview Press (1994).
Coordination of Migrant and Seasonal Farmworker Service Programs (with Philip L. Martin), Administrative Conference of the United States (1992).
Reforming Asylum Adjudication, Administrative Conference of the United States (1989).
Major Issues in Immigration Law, Federal Judicial Center (1987).

Textbooks

Immigration and Citizenship: Process and Policy (with Thomas Alexander Aleinikoff et al.), West (8 ed. 2016).
Forced Migration: Law and Policy (with Thomas Alexander Aleinikoff, Maryellen Fullerton & Hiroshi Motomura), West (2 ed. 2013).
Immigration and Citizenship: Process and Policy (with Thomas Alexander Aleinikoff, Maryellen Fullerton & Hiroshi Motomura), West (7 ed. 2012).
Immigration and Citizenship: Process and Policy (with Thomas Alexander Aleinikoff, Maryellen Fullerton & Hiroshi Motomura), West (6 ed. 2008).
Forced Migration: Law and Policy (with Thomas Alexander Aleinikoff, Maryellen Fullerton & Hiroshi Motomura), West (1 ed. 2007).
Immigration and Citizenship: Process and Policy (with Thomas Alexander Aleinikoff & Hiroshi Motomura), West (5 ed. 2003).
Immigration and Citizenship: Process and Policy (with Thomas Alexander Aleinikoff & Hiroshi Motomura), West (4 ed. 1998).
Immigration: Process and Policy (with Thomas Alexander Aleinikoff & Hiroshi Motomura), West (3 ed. 1995).
Immigration: Process and Policy (with Thomas Alexander Aleinikoff), West (2 ed. 1991).
Immigration and Nationality Laws of the United States: Selected Statutes, Regulations, and Forms (with Thomas Alexander Aleinikoff, Maryellen Fullerton & Hiroshi Motomura), West (1990).
Immigration: Process and Policy (with Thomas Alexander Aleinikoff), West (1 ed. 1985).

Book Chapters

Dual Citizenship: Reflections on Theodore Roosevelt’s "Self Evident Absurdity", in Grenzüberschreitendes Recht—Crossing Frontiers: Festschrift für Kay Hailbronner, C. F. Müller, 327-338 (2013).
Eight Myths about Immigration Enforcement, in Getting Immigration Right: What Every American Needs to Know, Potomac Books, 149-167 (2009).
Refining Immigration Law’s Role in Counterterrorism, in Legislating the War on Terror: An Agenda for Reform, Brookings Institution Press, 1880-216 (2009).
Foreword to the Seventh Edition: Asylum Case Law in 2006-2007: A Year of Dialogue Between Courts and Agencies, in Asylum Case Law Sourcebook : Master Index and Case Abstracts for U.S. Court Decisions, Thomson/West, v-xxv (7 ed. 2007).
Foreword to the Sixth Edition: Major Developments in Asylum Law Over the Past Year, in Asylum Case Law Sourcebook: Master Index and Case Abstracts for U.S. Court Decisions, Thomson/West, v-xxvi (6 ed. 2006).
Adelaide Abankwah, Fauziya Kasinga, and the Dilemmas of Political Asylum, in Immigration Stories, Foundation Press, 245-277 (2005).
Introduction: The Trend Toward Dual Nationality, in Rights and Duties of Dual Nationals: Evolution and Prospects, Kluwer Law International, 3-18 (2003).
Citizenship in Countries of Immigration: Introduction, in Citizenship in Countries of Immigration: Introduction, Carnegie Endowment for International Peace, 25-31 (2000).
Conclusion: Immigration Admissions and Immigration Controls (with Kay Hailbronner & Hiroshi Motomura), in Immigration Controls: The Search for Workable Policies in Germany and the United States, Berghahn Books, 203-224 (1998).
The Obstacles to Effective Internal Enforcement of the Immigration Laws of the United States, in Immigration Controls: The Search for Workable Policies in Germany and the United States, Berghahn Books, 1-43 (1998).
Refugees and Migration, in United Nations Legal Order, Grotius, 391-432 (1995).
Asylum Seekers in the Western Democracies: A Comparative Overview, in Droit des réfugiés, Editions Universitaires Fribourg Suisse, 11-20 (1991).
Human Rights: The Development of the Constitutional Framework and the Prospects for the Future: Roundtable Discussion (with A. E. Dick Howard & Richard B. Lillich), in Constitutionalism and Human Rights: America, Poland, and France: A Bicentennial Colloquium at the Miller Center, University Press of America, 143-160 (1991).
The Refugee Concept: On Definitions, Politics, and the Careful Use of a Scarce Resource, in Refugee Policy: Canada and the United States, York Lanes Press, 30-51 (1991).
Immigration and Refugees, in National Security Law, Carolina Academic Press, 1083-1109 (1990).
Employer Sanctions and the Immigration Reform and Control Act, in The Basics of Immigration Law, Virginia Law Foundation, VI-1 to VI (1987).
New Developments in Refugee Law and Current Problems: Asylum Concept; Solidarity; and the Concept of Burden-Sharing, in Symposium on the Promotion, Dissemination and Teaching of Fundamental Human Rights of Refugees (Tokyo, 7-11 December, 1981): Collected Proceedings, UN High Commissioner for Refugees, 61-71 (1982).

Articles & Reviews

Taming Immigration: The 64th Henry J. Miller Distinguished Lecture Series Remarks, 36 Georgia State University Law Review 971-1003 (2020).
Why Immigration’s Plenary Power Doctrine Endures, 68 Oklahoma Law Review 29-56 (2015).
Human Rights and Migration Management: Of Complexity, Balance, and Nuance, 106 Proceedings of the American Society of International Law 69-72 (2012).
Reading Arizona, 98 Virginia Law Review 41-47 (2012).
Eight Myths about Immigration Enforcement, 10 NYU Journal of Legislation & Public Policy 525-553 (2007).
Judicial Review and the Military Commissions Act: On Striking the Right Balance, 101 American Journal of International Law 344-362 (2007).
Immigration Enforcement: Beyond the Border and the Workplace, Migration Policy Institute Policy Brief 1-15 (2006).
Twilight Statuses: A Closer Examination of the Unauthorized Population, Migration Policy Institute Policy Brief 1-9 (2005).
A New Era for U.S. Refugee Resettlement, 36 Columbia Human Rights Law Review 299-321 (2005).
Preventive Detention: Immigration Law Lessons for the Enemy Combatant Debate, 18 Georgetown Immigration Law Journal 305-327 (2004).
Terrorism and Immigration Control: Time for Some Hard Thinking, 25 In Defense of the Alien 12-24 (2002).
The United States and Dual Nationality: Past and Future, 24 In Defense of the Alien 14-24 (2002).
The 1995 Asylum Reforms: A Historic and Global Perspective, Center for Immigration Studies Backgrounder 1-7 (2000).
Expedited Removal, Detention, and Due Process, 22 In Defense of the Alien 161-180 (2000).
Haste, Gaps, and Some Possible Cures for the ICC: An Introduction to the Panel, 41 Virginia Journal of International Law 152-163 (2000).
Two Cheers for Expedited Removal in the New Immigration Laws, 40 Virginia Journal of International Law 673-704 (2000).
Making Asylum Policy: The 1994 Reforms, 70 Washington Law Review 725-755 (1995).
Reluctance to Prosecute War Crimes: Of Causes and Cures, 34 Virginia Journal of International Law 255-265 (1994).
The Civic Republican Ideal for Citizenship, and for Our Common Life, 35 Virginia Journal of International Law 301-319 (1994).
Interdiction, Intervention, and the New Frontiers of Refugee Law and Policy, 33 Virginia Journal of International Law 473-481 (1993).
Review of Hathaway, The Law of Refugee Status (reviewing James C. Hathaway, The Law of Refugee Status) 87 American Journal of International Law 348-351 (1993).
Review of Nanda (ed.), Refugee Law and Policy (reviewing Ved. P. Nanda, ed., Refugee Law and Policy: International and U.S. Responses) 87 American Journal of International Law 171-172 (1993).
Human Rights Fact-Finding by National Governments, Transnational Publishers Fact-Finding Before International Tribunals: Eleventh Sokol Colloquium 305-323 (1992).
Kurds and Haitians: From Refugee Legalisms to Humanitarian Intervention?, 86 American Society of International Law Proceedings 623-630 (1992).
Asylum Case Law: How the New Regulations Can Help, 14 In Defense of the Alien 132-141 (1991).
Alternative Futures for International Refugee Processing, 13 In Defense of the Alien 103-108 (1990).
Reforming Asylum Adjudication: On Navigating the Coast of Bohemia, 138 University of Pennsylvania Law Review 1247-1381 (1990).
Review of Gibney (ed.), Open Borders? Closed Societies? (reviewing Mark Gibney, ed., Open Borders? Closed Societies? The Ethical and Political Issues) 84 American Journal of International Law 987-991 (1990).
A Human Rights Agenda: The Routine and the Special, 28 Virginia Journal of International Law 885-891 (1988).
Judicial Review of Legalization Denials, 65 Interpreter Releases 757-766 (1988).
The End of De Facto Asylum: Toward a Humane and Realistic Response to Refugee Challenges, 18 California Western International Law Journal 161-170 (1987).
Unfinished Business: Adjudication and Review, 10 In Defense of the Alien 102-114 (1987).
Comparative Policies on Political Asylum: Of Facts and Law, 9 In Defense of the Alien 105-112 (1986).
International Law and the Influx of Aliens: Sanctuary and the Right to Exclude, 80 American Society of International Law Proceedings 95-120 (1986).
Membership and Consent: Abstract or Organic?, 11 Yale Journal of International Law 278-296 (1985).
Due Process and Membership in the National Community: Political Asylum and Beyond, 44 University of Pittsburgh Law Review 165-235 (1983).
Review of Ramcharan (ed.), International Law and Fact-Finding in the Field of Human-Rights (reviewing B.G. Ramcharan, International Law and Fact-Finding in the Field of Human-Rights) 11 International Journal of Legal Information 289-291 (1983).
Large-Scale Migrations of Asylum Seekers, 76 American Journal of International Law 598-609 (1982).
The Refugee Act of 1980: Its Past and Future, 192 Michigan Yearbook of International Legal Studies 91-123 (1982).

Reports & Datasets

Statement, Immigration Litigation Reduction US Government Print Office 28-29, 99 (2006).
Statement, Immigration Reform and the Reorganization of Homeland Defense US Government Print Office 11-13, 16 (2003).
Statement (with Gregory Bednarz, J. Scott Blackman & Joan Higgins), Removal of Criminal and Illegal Aliens US Government Print Office 7-18, 24 (1997).
Statement (with Lavinia Limon & Toni Marwitz), Concurrent Resolution on the Budget for Fiscal Year 1997 US Government Print Office 78-110 (1996).
Statement, Terrorism, Asylum Issues, and U.S. Immigration Policy US Government Print Office 43-54, 95, 100 (1994).
Statement, The U.S. Supreme Court Decision Concerning the Legislative Veto US Government Print Office 129-158 (1983).
Statement, Immigration Reform and Control Act US Government Print Office 326-346 (1983).
Testimony (with T. Alexander Aleinikoff & Arthur C. Helton), Refugee Assistance US Government Print Office 91-121 (1983).
Statement, Asylum Adjudication US Government Print Office 126-145 (1982).

Op-Eds, Blogs, Shorter Works

Here’s Why Local Police Don’t Enforce Immigration Laws, Washington Post A15 (September 16, 2016).
What Angela Merkel’s New Refugee Policy Misses, Fortune (December 20, 2015).
A Lawful Step for the Immigration System, Washington Post A17 (June 25, 2012).
Another Second-Class Citizen, Legal Times 42-43 (August 11, 2008).
Too Many Behind Bars, Legal Times 51 (January 27, 2003).
Double Ties: Why Nations Should Learn to Love Dual Nationality (with T. Alexander Aleinikoff), Foreign Policy 80-81 (November, 2002).
Ashcroft’s Immigration Threat (with T. Alexander Aleinikoff), Washington Post A21 (February 26, 2002).
In Elian’s Interest?, New York Times A23 (April 21, 2000).
Affirmative Action, Zeitschrift für Kulturaustausch 65 (1999).
How Rhetoric Became Rights, Washington Post C2 (November 1, 1998).
A Tribute to William L. Robie, 16 In Defense of the Alien 213-214 (1993).
USA Refugee Policy: A Human Rights Analysis Update: A Response, 6 Journal of Refugee Studies 153-154 (1993).
Of Law, Families, and Apple Prices, Virginia Law School Report 23-26 (1992).
Asylum Crises in the Western Democracies, Virginia Law Weekly 1, 4, 7 (April 12, 1991).
Symposium: Legal Immigration Reform: Panel II: The “New Refugees”: Remarks, 4 Georgetown Immigration Law Journal 232-238 (April 12, 1990).
Human Rights Advances Belie Pessimism of Pioneer Activists, Charlottesville Daily Progress E3 (December 18, 1988).
Human Rights and the Movement of Persons: Remarks, 78 American Society of International Law Proceedings 346-351 (1984).
Reevaluating the Legislative Veto after Chadha, Virginia Law Weekly 1, 3 (September 9, 1983).

Current Courses

No courses were found for this instructor.

All Courses

Constitutional Law
Immigration Law
International Human Rights
Presidential Powers
Refugee Law
Seminar in Ethical Values

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AT UVA LAW

Retiring Professor David Martin Reflects on His Time at UVA Law

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