David C. Baluarte (he/él) joined CUNY School of Law as the Senior Associate Dean for Academic Affairs and a Professor of Law in January 2024. Baluarte is an advocate, teacher, and scholar in the areas of immigration, refugee and statelessness protection, and international human rights. He has written numerous journal articles, academic studies, human rights reports, and participated in various grant-funded projects and high-profile impact litigation initiatives in these areas.

Before he came to CUNY, Baluarte was the founding director of the Immigrant Rights Clinic at Washington and Lee University School of Law from 2013-2023, where he also served as the Associate Dean for Academic Affairs from 2019-2022. In addition to clinic, Baluarte taught Immigration Law, Transnational Law, and Practicums in the areas of Human Rights and Refugee Protection. Baluarte started his academic career at American University Washington College of Law, where he served as a Practitioner-in-Residence in the International Human Rights Law Clinic from 2009-2013, where he also taught Asylum and Refugee Law.

Baluarte has twice served as a Fulbright Scholar to study migration and the protection of refugees and stateless persons. In 2023, Baluarte was a visiting professor at the Refugee Clinic at the Iberoamericana University in Mexico City, where he studied the externalization of US refugee obligations to Mexico and developed models for transnational clinical collaboration. In 2017, Baluarte was a visiting professor at the Immigration Clinic of the University of Buenos Aires, where he studied the evolution of Argentine immigration law with a specific focus on the incorporation of human rights protections into law.

Baluarte has also served as a project leader for the United Nations High Commissioner for Refugees (UNHCR) to promote nationality rights and statelessness protection through advocacy in law clinics. In 2010, Baluarte completed the first comprehensive study of statelessness in the United States for the UNHCR and the Open Society Justice Initiative (OSJI), and then in 2011 launched the first pilot law clinic to assist stateless persons in the United States under the auspices of UNHCR. In 2012, Baluarte directed a UNHCR project to launch a nationality rights clinic at the Eugene Depuch Law School in The Bahamas.

Before entering academia, Baluarte was a staff attorney in the Immigration Unit of the U.S. Court of Appeals for the Second Circuit from 2007-2009, and a staff attorney with the Center for Justice and International Law (CEJIL) from 2005-2007, where he managed litigation and advocacy projects before the Inter-American human rights system.

At CEJIL, Baluarte co-litigated the reparations phase of the seminal statelessness case Yean and Bosico v. Dominican Republic before the Inter-American Court of Human Rights, and the merits phase of predecessor to the Case of Expelled Dominicans and Haitians v. Dominican Republic before the Inter-American Commission on Human Rights. Baluarte wrote about his experience on these and other cases in From Judgement to Justice, a book-length study of the implementation of human rights judgements published by OSJI in 2010.

Publications

Law Review Articles

Refugees Under Duress: International Law and the Serious Nonpolitical Crime Bar, 9 Belmont Law
Review 406 (2022).
Congress intended that the serious nonpolitical crime bar under United States asylum law have the same meaning and scope as the 1F(b) Refugee Convention exclusion clause. The Supreme Court has repeatedly held that it was… available on SSRN

Family in the Balance: Barton v. Barr and the Systematic Violation of the Right to Family Life in U.S.27 Wm. & Mary J. Women & L. 33 (2020).
The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties … available on SSRN

The Right to Migrate: A Human Rights Response to Immigration Restrictionism in Argentina, 18 Wash.
U. Global Stud. L. Rev. 293 (2019).
Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. … available on SSRN

The Risk of Statelessness: Reasserting a Rule for the Protection of the Right to Nationality, 19 Yale Hum. Rts. & Dev. L.J. 47 (2017).
A global effort to combat statelessness and defend the universal right to nationality is currently underway. Nevertheless, questions persist about the proper scope of the right to nationality, the appropriate form of statelessness protection, and … available on SSRN

Life after Limbo: Stateless Persons in the United States and the Role of International Protection in
Achieving a Legal Solution
, 29 Georgetown Immigration Law Journal 3 (2015).
Stateless persons are not recognized as citizens by any country, and as such, their enjoyment of fundamental human rights depends on the good faith of host countries, and their basic human security and dignity are … available on SSRN

Strategizing for Compliance: The Evolution of a Compliance Phase of Inter-American Court Litigation
and the Strategic Imperative for Victims’ Representatives
, 27 American University Journal of
International Law 263 (2012).
The article focuses on the international law regarding the inter-American human rights system. It informs about the implementation of compliance jurisprudence litigation by the Inter-American Court of Human Rights. It further states that the compliance … available on SSRN

Short Journal Articles

A New Narrative of Statelessness, [Review of Mira Siegelberg’s STATELESSNESS: A MODERN HISTORY],
Cambridge Review of International Affairs (2022). (PDF)

Protecting Stateless Refugees, Brown Journal of World Affairs (2020). (PDF)

The Arrival of ‘Statelessness Studies’?, Statelessness & Citizenship Review, Volume 1, Issue 1 (2019). (PDF)

Inter-American Justice comes to the Dominican Republic: An Island Shakes as Human Rights and
Sovereignty Clash, 12 Human Rights Brief 2 (2006). (PDF)

Sosa v. Alvarez-Machain: Upholding the Alien Tort Claims Act while Affirming American
Exceptionalism, 11 Human Rights Brief 1 (2004). (PDF)

Balancing Indigenous Rights and a State’s Right to Develop in Latin America: The Inter-American Rights
Regime and ILO Convention 169, 4 Sustainable Development Law and Policy 2 (2004). (PDF)

The Case of Myrna Mack Chang: Overcoming Institutional Impunity in Guatemala (David Baluarte and Erin Chlopak), 10 Human Rights Brief 3 (2003). (PDF)

News from the Regional Human Rights Systems, 10 Human Rights Brief 3 (2003). (PDF)

Book Chapters

Fifty States, but No Room for the Stateless, in Atlas of the Stateless: Facts and Figures about Exclusion and Displacement (Ulrike Lauerhass et al. eds, 2020). (PDF)

David C. Baluarte

Contact

Email
david.baluarte@law.cuny.edu
Phone
718-340-4528
Office
4 | 106E

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