J.D., Georgetown University Law Center
B.A., Indiana University, with honors
Professor Shoba Sivaprasad Wadhia is an expert on immigration law whose research focuses on the role of prosecutorial discretion in immigration law and the intersections of race, national security and immigration. One of the nation’s leading scholars on the role of prosecutorial discretion in immigration law, Wadhia’s scholarship in this area has served as a foundation for scholars, advocates, and government officials seeking to understand or design a strong prosecutorial discretion policy. Her work has been published by Emory Law Journal; Texas Law Review; Columbia Journal of Race and Law; Notice & Comment, Yale Journal on Regulation; Harvard Latino Law Review; Connecticut Public Interest Law Journal; Georgetown Immigration Law Journal; and Howard Law Journal, among others and also cited to by federal court judges. Her book, Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases, was published by New York University Press and is new in paperback in 2017.
At Penn State Law, Wadhia teaches doctrinal courses in immigration and asylum and refugee law. She is also the founder/director of the Center for Immigrants’ Rights Clinic, where she supervises students on in the developments of policy and practitioner tools of national impact on behalf of organizational client. Clients have included the American Civil Liberties Union, Human Rights First, Kids in Need of Defense, the National Guestworker Alliance, National Immigrant Justice Center, among others. At the Clinic, students also provide community outreach and education and in this capacity has worked closely with the Borough of State College and local organizations on emerging immigration topics. Following the Presidential election 2016, the Clinic has reached more than 500 individuals and families and served as a clearinghouse for the community and nationally on changing immigration law and policy. Finally, the Clinic provides legal support in individual cases applying for an immigration benefit or challenging deportation (removal) in federal courts. The Clinic is a member of Welcoming America, a national movement of organizations and municipal governments interested in making their communities more welcoming to immigrants and refugees.
Wadhia has appeared on national television and radio stations, including MSNBC and C-SPAN and has been quoted or featured by international, national, and local publications, including New York Times Magazine, The Hill, National Law Journal, Washington Post, Wall Street Journal, The Atlantic and Associated Press, among others.
Prior to joining Penn State, Professor Wadhia was deputy director for legal affairs at the National Immigration Forum in Washington, D.C. She has been honored by the Department of Homeland Security’s Office for Inspector General and Office for Civil Rights and Civil Liberties, and in 2003, she was named Pro Bono Attorney of the Year by the American-Arab Anti-Discrimination Committee. She has also been an associate with Maggio Kattar, P.C. in Washington, D.C., where she handled asylum, deportation, and employment-based immigration benefits matters.
Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases (New York University Press)
"Is Immigration Law National Security Law?," 66 Emory Law Journal 669 (2017).
"Beyond Deportation: Understanding Immigration Prosecutorial Discretion and United States v. Texas," 36 IMMGR. & NAT'LITY L. REV. 94 (2015).
"Demystifying Work Authorization and Prosecutorial Discretion in Immigration Cases," Colum. J. Race & L. 1 (2016).
"The Aftermath of United States v. Texas: Rediscovering Deferred Action," Notice and Comment, Yale Journal on Regulation (2016).
"The President and Deportation: DACA, DAPA, and the Sources and Limits of Executive Authority - Response to Hiroshi Motomura," Washburn Law Journal (2016).
"Remarks on Executive Action and Immigration Reform," Case W. Res. Journal of International Law 48 (2016).
The History of Prosecutorial Discretion in Immigration Law,” Amer Univ L. Rev. Vol 64.5 (2015).
“The Rise of Speed Deportation and the Role of Discretion,” 5 Colum. J. Race & L. 1 (2015).
“Immigration Remarks for the 10th Annual Wiley A. Branton Symposium,” Vol. 57 No. 3 HOW. L.J. (2014).
“My Great FOIA Adventure and Discoveries of Deferred Action Cases at ICE,” 27 Geo. Immig. L.J. (2013).
“In Defense of DACA, Deferred Action, and the DREAM Act,” 91 Texas L. Rev. SEE ALSO 59 (2013).
“The Immigration Prosecutor and the Judge: Examining the Role of the Judiciary in Prosecutorial Discretion Decisions,” 16 Harv. Latino L. Rev. 39 (2013).
“Sharing Secrets: Examining Deferred Action and Transparency in Immigration Law,” 10 U. N. H. L. Rev. 1 (2012).
“Business As Usual: Immigration and the National Security Exception,” 114 Penn State L. Rev. 1485 (2010).
“The Role of Prosecutorial Discretion in Immigration Law,” 9 Connecticut Pub. Int. L. J. 243 (2010) (reprinted in Immigration and Nationality Law Review, William S. Hein & Co.).
“Under Arrest: Immigrants’ Rights and the Rule of Law,” 38 U. Memphis L. Rev. 853 (2008).
“The Policy and Politics of Immigrant Rights,” 16 Temple Pol. & Civil Rts. L. Rev. 387 (2007).
“Immigration: Mind Over Matter,” 5 U. Md. L. J. on Race, Religion, Gender & Class 201 (2006).
Carolina Academic Press, Book Chapter, "Dreams Deferred: Deferred Action, Prosecutorial Discretion, and the Vexing Case(s) of DREAM Act Students" in Law Professor and Accidental Historian (2017).
American Bar Association, “Who are the Players in Immigration Law?” in What Every Lawyer Should Know About Immigration Law (2012).
Sage Publications, “The Term Illegal Alien,” in Debates on U.S. Immigration, (2012).
American Immigration Lawyers Association, Prosecutorial Discretion, Practice Advisory (w. A. Gallagher and A. Nunez) (2017).
American Immigration Lawyers Association, The Long and Winding Road of Prosecutorial Discretion, Practice Advisory (w. L. Wildes and P. Taurel) (2015).
"Immigration Law’s Catch-22: The Case for Removing the Three and Ten-Year Bars,” in LexisNexis Legal Newsroom Immigration Law (LexisNexis, November 2014).
“Reflections on Prosecutorial Discretion One Year After the Morton Memo,” in Emerging Issues Analysis (LexisNexis, June 2012).
“Prosecutorial Discretion in Immigration Agencies: A Year in Review,” in Emerging Issues Analysis (LexisNexis, January 2012).
Immigration Policy Center, The Morton Memo and Prosecutorial Discretion: An Overview, (July 2011).
Immigration Policy Center, American Immigration Council, Reading the Morton Memo: Federal Priorities and Prosecutorial Discretion, (December 2010).
"Letter to Lahore," The Subcontinental Vol. 1, Issue 3 (2004) (with Sin Yen Ling).