In today’s rapidly shifting immigration landscape, the rule of law is more than a constitutional principle — it’s the backbone that allows immigration attorneys to protect their clients from excessive enforcement, inconsistent policy changes, and the rising risk of overzealous government prosecution.
At a recent panel, Cory Forman, Partner and Head of Immigration at Cohen Forman Barone, PC, spoke powerfully about the critical role the rule of law plays in enabling attorneys to advocate effectively for noncitizens. As a nationally recognized leader in crimmigration, immigration defense, and federal litigation, Cory’s perspective cuts to the heart of what’s at stake for the immigration bar in 2025 and beyond.
Why the Rule of Law Matters More Than Ever in U.S. Immigration Law
The U.S. immigration system has always been complex, but in an era of heightened enforcement priorities, shifting DHS directives, and political turbulence, that complexity has intensified. The rule of law ensures:
- Consistency in adjudication
- Protection of constitutional rights
- Fair processes for detained immigrants
- Transparency in immigration enforcement
- Accountability for federal agencies like ICE, CBP, and USCIS
Without these safeguards, immigration attorneys face a chilling environment where zealously defending clients could be misinterpreted as obstruction — a growing concern within the immigration and criminal defense communities.
The Rising Risk of Overzealous Government Prosecution in Immigration Cases
Immigration practitioners — especially those representing individuals accused of crimes — increasingly operate in a climate of heightened scrutiny. When prosecutions become politically driven or enforcement is used to intimidate, the delicate balance between government authority and constitutional protections begins to erode.
Potential consequences include:
- Chilling effect on zealous advocacy
- Fear of retaliation for challenging unlawful government conduct
- Reduced access to justice for immigrants
- Increased pressure on attorneys to avoid aggressive litigation strategies
- Unfair deportation and detention outcomes
This is why maintaining the rule of law is essential — not only for immigrants but for the integrity of the legal profession itself.
Cory Forman: A Leading Voice in Crimmigration and Due Process Advocacy
Cory Forman’s work stands at the intersection of criminal law and immigration law, an area now recognized nationwide as “crimmigration.” His background — from the Legal Aid Society’s Criminal Defense Division to co-founding a cutting-edge Crimmigration practice at Cohen Forman Barone — positions him uniquely to address how rule-of-law threats impact immigrants with criminal convictions or pending charges.
At the panel discussion, Cory emphasized:
- The need for attorneys to defend clients without fear of political or legal retaliation
- The responsibility of lawyers to challenge unconstitutional actions
- How inconsistent or punitive immigration enforcement undermines due process
- The broader societal consequences when government power expands without constraint
His leadership with AILA, including serving on the Board of Governors and chairing the Standing Committee on Political Engagement (SCOPE), further reflects his role in shaping national immigration policy conversations.
How Overreach Harms Immigrants, Communities, and the Entire Justice System
When attorneys fear taking strong positions or filing aggressive motions, it is not just the legal profession that suffers — entire immigrant communities feel the consequences.
Over enforcement and weak rule-of-law protections can lead to:
- Unlawful detention and expedited removals
- Family separation and deportation without due process
- Pressure to accept unfair plea bargains due to immigration consequences
- Increased vulnerability to exploitation and misinformation
- Loss of trust in legal institutions and law enforcement
Protecting the ability of attorneys to advocate freely isn’t a luxury — it’s a necessity for maintaining fairness in the immigration system.
Why a Strong Immigration Bar Helps Uphold American Values
A robust immigration bar ensures:
- Government accountability
- Fair immigration court procedures
- Challenges to unconstitutional policies
- Access to justice for asylum seekers and vulnerable populations
- Checks on excessive ICE and DHS authority
When immigration lawyers can operate without fear, the entire justice system is strengthened. Upholding the rule of law is not just about protecting immigrant clients — it’s about preserving democracy, fairness, and constitutional rights.
Conclusion: Protecting Advocacy Protects Justice
Cory Forman’s panel discussion highlights an urgent truth: the immigration bar is a frontline defender of constitutional protections. Ensuring that attorneys can practice freely — without the threat of overzealous prosecution — is essential to maintaining a fair and functioning immigration system.
A strong rule of law doesn’t hinder government enforcement. It ensures that enforcement is lawful, fair, and just — values that define our system and protect everyone who lives within it.
