Are Federal CoA Clerkships Possible for Non-US Citizens? Forum

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Andrew66

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Are Federal CoA Clerkships Possible for Non-US Citizens?

Post by Andrew66 » Sun Feb 04, 2024 4:21 pm

The federal government cannot compensate non-US citizens. Is it possible for non-US citizens to complete a federal circuit clerkship on a volunteer (unpaid) basis?

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Re: Are Federal CoA Clerkships Possible for Non-US Citizens?

Post by Anonymous User » Sun Feb 04, 2024 4:25 pm

I know of a non-citizen who did a volunteer district court clerkship this way, so I can't confirm, but I would imagine you could. This person had a one year post-grad fellowship from their school, and a connection to the judge, although I'd imagine if you have decent qualifications, many judges would welcome a free extra clerk for a year.

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Re: Are Federal CoA Clerkships Possible for Non-US Citizens?

Post by Anonymous User » Sun Feb 04, 2024 5:18 pm

The rule against paying non-US citizens only applies to the continental US - you can be paid in Alaska or Hawaii (and I assume in Puerto Rico, though my guess is that Gustavo Gelpi (the only circuit judge in PR) has hired mostly Puerto Ricans/US citizens). I know unpaid clerkships are a thing among district judges, but I know some judges disapprove of that/feel like it's exploitative, and I haven't heard of them being a thing with appellate judges.

Honestly, I'm not sure circuit judges have enough work to justify needing a fifth clerk, and I also don't know if many chambers would have the space for a fifth desk/office.

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Re: Are Federal CoA Clerkships Possible for Non-US Citizens?

Post by Anonymous User » Sun Feb 04, 2024 7:59 pm

Yes but they can't get paid. I personally know two Edwards (D.C. Cir.) clerks who were not citizens, but his hiring is very idiosyncratic

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Re: Are Federal CoA Clerkships Possible for Non-US Citizens?

Post by Anonymous User » Sun Feb 04, 2024 8:48 pm

Andrew66 wrote:
Sun Feb 04, 2024 4:21 pm
The federal government cannot compensate non-US citizens. Is it possible for non-US citizens to complete a federal circuit clerkship on a volunteer (unpaid) basis?
I know people who have done volunteer (unpaid) clerkships on the 2nd and 9th circuits. I think it's up to the judge.

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