César Cuauhtémoc García Hernández, A.B., J.D.
Education
- JD, Boston College Law School, 2007
- AB, Brown University, with Honors in American Civilization, and English, 2002
Biography
César Cuauhtémoc García Hernández holds the Gregory H. Williams Chair in Civil Rights and Civil Liberties at Ohio State University where he is a professor of law. César writes and teaches about the intersection of criminal and immigration law. He has published three books: Welcome the Wretched: In Defense of the “Criminal Alien” (2024); 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 legal system, immigration imprisonment, and race-based immigration policing have appeared in Dædalus, California Law Review, UCLA Law Review, Boston University Law Review, and BYU Law Review, among others, earning him a position among the ten most-cited immigration law scholars in the United States.
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. He publishes the Immigration Law Unhinged newsletter and writes the Immigration Matters column for SCOTUSblog. 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. At Ohio State, César directs the Latinx Studies Program.
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.
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César García Hernández, Border Nightmares, 105 B.U. L. Rev. 1473 (2025)
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César García Hernández, The Wretched All Around, 47 U. Ark. Little Rock L. Rev. 567 (2025)
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César García Hernández, Borders Shift, Laws Follow: Thoughts on the Future of U.S. Immigration Law, B.U. L. Rev. (forthcoming 2025)
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César García Hernández, The Supreme Court’s Analytical Failure and Missed Opportunity in United States v. Hansen, 21 Ohio St. J. Crim. L. 19 (2024)
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César García Hernández, Migrant Imprisonment in the United States: Rationales, Practices, and Myths, 1 Mondi Migranti (2024)
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César García Hernández, Welcome the Wretched: In Defense of the "Criminal Alien" ((2024)
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César García Hernández, Detention Policy and Practice: United States, in Handbook of Comparative Immigration Law (2023)
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César García Hernández, Borders that Bend, 2023 Univ. Chi. Legal F. 115 (2023)
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César García Hernández, Migrating to Prison: America’s Obsession with Locking Up Immigrants ((2021)
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César García Hernández, Criminalizing Migration, 150 Dædalus 106 (2021)
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César García Hernández, Crimmigration Law ((2d ed., 2021)
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César García Hernández, Criminalizing Migration, Ending Rights: The Case of United States Crimmigration Law, in Causes and Consequences of Migrant Criminalization (2020)
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Allison Crennen-Dunlap & César García Hernández, Deportations Past, Deportations Present, 54 Tulsa L. Rev. 237 (2019)
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César García Hernández, Crimmigration Realities & Possibilities, 16 Ohio St. J. Crim. L. 1 (2018)
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César García Hernández, Deconstructing Crimmigration, 52 U.C. Davis L. Rev. 197 (2018)
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Allison Crennen-Dunlap & César García Hernández, Pragmatics and Problems, 69 Fla. L. Rev. Forum 1 (2017)
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César García Hernández, Unseen Exclusions in Voting and Immigration Law, 17 Berkeley J. Afr.-Am. L. & Pol'y 168 (2015)
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César García Hernández, The Life of Crimmigration Law, 92 Denv. U. L. Rev. 1 (2015)
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César García Hernández, Immigration Law by Proxy: The Case of Colorado's Human Smuggling Crime, 92 Denv. U. L. Rev. Online 41 (2015)
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César García Hernández, Immigration Detention as Punishment, 61 UCLA L. Rev. 1346 (2015)
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César García Hernández, Naturalizing Immigration Imprisonment, 103 Calif. L. Rev. 1449 (2015)
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César García Hernández, Crimmigration Law ((2015)
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César García Hernández, Invisible Spaces and Invisible Lives in Immigration Detention, 57 How. L.J. 869 (2014)
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César García Hernández, Strickland-Lite: Padilla's Two-Tiered Duty for Noncitizens, 72 Md. L. Rev. 844 (2013)
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César García Hernández, Creating Crimmigration, 2013 BYU L. Rev. 1457 (2013)
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César García Hernández, Padilla v. Kentucky’s Inapplicability to Undocumented and Non-Immigrant Visitors, 39 Rutgers L. Rec. 47 (2012)
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César García Hernández, The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness, 1 Colum. J. Race & L. 353 (2012)
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César García Hernández, Immigrant Outsider, Alien Invader: Immigration Policing Today, 48 Cal. W. L. Rev. 231 (2012)
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César García Hernández, Criminal Defense After Padilla v. Kentucky, 26 Geo. Immigr. L.J. 475 (2012)
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César García Hernández & Marc-Tizoc González, Fifteen Years of Reconstructing the World, 14 Harv. Latino L. Rev. 243 (2011)
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César García Hernández, When State Courts Meet Padilla: A Concerted Effort is Needed to Bring State Courts Up to Speed on Crime-Based Immigration Law Provisions, , 12 Loy. J. Pub. Int. L. 299 (2011)
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César García Hernández, Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel, 21 Berkeley La Raza L.J. 17 (2011)
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César García Hernández, Of Inferior Stock: The Two–Pronged Repression of Radical Immigrant Birth Control Advocates at the Turn–of–the–Twentieth–Century, 20 St. Thomas L. Rev. 513 (2008)
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César García Hernández, Feeble, Circular, and Unpredictable: OSHA’s Failure to Protect Temporary Workers, 27 B.C. Third World L.J. 193 (2007)
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César García Hernández, Ready or Not, the Velorution Has Arrived: Critical Mass—An Experiment in Democracy, 8 Loy. J. Pub. Int. L. 101 (2007)
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César García Hernández, Radical Environmentalism: The New Civil Disobedience?, 6 Seattle J. for Soc. Just. 289 (2007)
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Associated Press
What to know about Trump’s new attempt to limit birthright citizenship
August 8, 2026 -
Bloomberg Law
Migrant Groups Try New Legal Strategy in Fight to Preserve TPS
August 4, 2026 -
Radio Bilingüe
Operativos de ICE ante la opinión pública y el Congreso
July 17, 2026 -
The Texas Tribune
Fatal Houston ICE shooting follows agency’s increased focus on street arrests
July 10, 2026 -
The Marshall Project
ICE Detained Them, and Then They Vanished
June 1, 2026 -
ABA Section of Civil Rights and Social Justice
Can ICE Do That? Immigration Enforcement Authorization | How Things Work: The Legal Edition
May 8, 2026 -
Vox
The end of birthright citizenship as we know it?
April 1, 2026 -
SCOTUSblog
Supreme Court asylum decision burdens already overworked DOJ
March 18, 2026 -
DW
Fact check: Trump vs. Obama on ICE deaths and deportation
February 11, 2026 -
Times Higher Education
Universities ‘all over the place’ in response to ICE raids
February 9, 2026 -
Law360
2 Killings Are Reshaping ICE Strategy. States Also Have Plans.
February 4, 2026 -
USA Today
ICE says it doesn't need judicial warrants to enter homes. What to know.
January 23, 2026 -
Newsweek
Could the Abolish ICE Movement Succeed?
January 22, 2026 -
The New York Times
For One Texas County, Arresting Migrants Made Big Money
May 1, 2025