Michigan judicial nominee moves Senate panel with immigrant story

Washington ― A judicial nominee from Michigan moved members of the Senate Judiciary Committee on Wednesday with her immigration story, sharing how she was adopted and raised by a single mother in the U.S. after being left on the steps of a hospital in Seoul, South Korea, as an infant.

Attorney Susan DeClercq, a former federal prosecutor from Northville, was nominated by President Joe Biden last month to serve on the federal bench in the Eastern District of Michigan.

"I'm very proud of being an immigrant. ... I've always been very aware of how different my life would have been had that not happened, and the incredible opportunities that this country has given to me. And so I've spent most of my professional career in public service," DeClercq told the panel.

"I deeply appreciate not only the country but the government, which was why I joined the Department of Justice. And for me, it's always been about equality and justice, and I think that that is part of the immigrant experience."

If confirmed, DeClercq would be the first federal judge of East Asian descent in Michigan.

Committee Chairman Dick Durbin, an Illinois Democrat, called DeClercq's life story "amazing."

"To be abandoned as a child and to be part of a family of adoption that made the difference in your life and brought you to this moment in history," Durbin told DeClercq.

"There’s a lot of things said about immigration by politicians these days," Durbin added. "But I hope that we will have some honest reflection by all of us of the fact that immigration has made America what it is today, as far as I’m concerned.”

Hawaii Sen. Mazie Hirono, a Democrat, told DeClercq that she was "another example of immigrants coming to this country to create a better life (and) the appreciation we have for our country that afforded us opportunities we never would have otherwise had."

DeClercq has served as director and counsel of special investigations at Ford Motor Co. in Dearborn since November 2022, overseeing internal investigations into complaints of employee misconduct and potential violations of law or the automaker's code of conduct and other ethical concerns, according to a questionnaire she submitted to the panel.

Previously, she worked in the U.S. Attorney's Office for the Eastern District of Michigan for 18 years from 2004-22, where she served as chief of the Civil Division and chief of the Civil Rights Unit, which enforces laws prohibiting discrimination on the basis of race, sex, religion or disability.

Prior to her time as a prosecutor, DeClercq was in the Washington office of Skadden, Arps, Slate and Meagher & Flom as a litigation associate from 2001-04. She also clerked for Judge Avern Cohn on the U.S. District Court for the Eastern District of Michigan from 1999-2001.

DeClercq received her law degree from Wayne State University School of Law in 1999 and her bachelor's from the University of Michigan in 1995.

Her legal practice has focused on civil litigation and mostly in the federal courts since 2001, with "frequent" court appearances and trying two non-jury cases to verdict, according to her questionnaire.

A recent case she handled through last year alleged that the City of Troy violated federal religious land-use law when it denied the Adam Community Center's effort to establish a mosque in a building that had previously been used as a restaurant and banquet hall. The court granted the government's motion for summary judgment.

In introducing DeClercq to the committee, Sen. Debbie Stabenow, D-Lansing, also noted a civil rights case that DeClercq handled as lead counsel, which was brought after a buffet restaurant ejected a family based on the appearance of the children, who suffered from a genetic skin disorder.

"And she successfully represented an auxiliary firefighter and a U.S. Army Reservist, who had denied a promotion extended to co-workers with less experience after he returned from active duty in Afghanistan," Stabenow said.

"In all of her cases, she's won the respect of everyone in the courtroom. As one Michigan lawyer said, 'If I had to lose to anybody in litigation, I'm glad it was Miss DeClercq.'"

Sen. Gary Peters, D-Bloomfield Township, also appeared before the committee to urge support for DeClercq, saying he has "every confidence" that she will be confirmed by the Senate to the federal bench.

Most of the Republican senators' questions to Wednesday's panel went to Loren L. AliKhan, the solicitor general of the District of Columbia, which benefited DeClercq in that she received relatively little attention from the lawmakers.

"However, DeClerq was extremely impressive in answering questions and telling her life story as an immigrant," said Carl Tobias, who studies the judicial selection process at the University of Richmond School of Law.

"She also has strong public service credentials and broad and deep relevant experience to serve on the Eastern District of Michigan. I expect smooth confirmation on bipartisan votes in (committee) and on the floor."

Sen. John Kennedy, R-Louisiana, asked DeClercq whether she believes in the legal principle of stare decisis. She said yes, defining it as following precedent.

"I pledge to this committee that if I am confirmed, I will follow all Supreme Court, Sixth Circuit precedent," DeClercq said.

Kennedy then pressed her on whether she would have followed precedent in the 1857 Dred Scott case, which denied U.S. citizenship to enslaved people, or Plessy v. Ferguson (1896) that upheld state-sanctioned racial segregation laws.

"If I had been a lower federal court judge, I would have been obligated to do so," she said.

DeClercq was joined at Wednesday's hearing by husband Greg Kerr and their three children Zoe, Colin and Tabitha, as well as DeClercq's mentor, U.S. District Judge Judith E. Levy, who has served on the federal bench in Michigan since 2014.

DeClercq in her questionnaire said due to her long tenure at the U.S. Attorney's Office, she would likely be disqualified from cases that originated or were pending during her time there, as well as cases involving Ford for a period of time after she took the bench.

If confirmed, DeClercq would replace Judge Stephanie Dawkins Davis on the Eastern District bench after Davis was elevated to serve on the U.S. Court of Appeals for the 6th Circuit last year.

mburke@detroitnews.com