Immigration

Highlights:

A man's hand holds up the cover page of lawsuit naming Gavin Newsom as plaintiff and Donald Trump as defendant, with the bear emblem from the California state flag visible in the background.

Commandeering, Coercion, and Executive Power

States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.

Syllabus Supplements

A collection of syllabus supplements which offer curated articles intended to be combined with traditional course books in a law school or higher education classroom.
A smart-phone screen displaying the logo of main social media platforms including Instagram, Facebook, LinkedIn, Reddit, Telegram, X, Bluesky, Tiktok and Whatsapp.

The Government’s Unexplained Reversal on Social Media Disclosure Requirements

Social media disclosure requirements implicate fundamental First Amendment rights, and the public has a right to know why they were implemented.
The U.S. Department Of Homeland Security logo is displayed on a sign at a Citizenship and Immigration Services office​.

No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine

Numerous federal agencies possess statutory authority to obtain a wide range of sensitive information without advance judicial approval or probable cause of illegal activity.

“In Focus” Syllabus Supplements: ICE and CBP Operations in Minnesota and Other States (2025–2026)

This syllabus supplement offers curated articles intended to be combined with traditional casebooks in a law or higher ed classroom.

Immigration Law & Policy: Syllabus Supplements

Access the Immigration Law & Policy Syllabus Supplements via PDF here. Access the original version, published Sep. 18, 2025, via PDF here. Additional syllabus supplements,…
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343 Articles

The Just Security Podcast: Uncharted Territory: The Alien Terrorist Removal Court Hears Its First Case

Dani Schulkin is joined by Steve Vladeck and Jess Dawgert to discuss the first-ever case before the Alien Terrorist Removal Court.
View of an FBI agent from behind wearing a green FBI vest inside the New York Federal Plaza Immigration Court.

How the Alien Terrorist Removal Court Could Be Good for the U.S. Immigration System

DOJ's first-ever use of the Alien Terrorist Removal Court raises due process concerns, but could offer more legitimacy than current immigration proceedings.
A demonstrator holds up a cardboard sign quoting the 14th Amendment — "All persons born ... in the United States ... are citizens" — with the U.S. Supreme Court building visible in the background.

Counting the Votes in the Supreme Court’s Birthright Citizenship Decision

A close analysis of the Supreme Court Justices' opinions in Trump v. Barbara.
U.S. President Donald Trump addresses the nation from the East Room of the White House on July 16, 2026 in Washington, DC.

No, Trump Can’t Withhold Anti-Terrorism Funds to Pressure States to Change Their Election Rules

The attempt to condition states' counterterrorism funding on changes to election rules is unlawful and likely to be challenged in court.
The first order of the Alien Terrorist Removal Court, issued by its Chief Judge Joan Ericksen, on July 16, 2026.

The Alien Terrorist Removal Court’s First Case

Unpacking the Alien Terrorist Removal Court, what we know about its first case, and what to watch for going forward.
A masked federal agent dressed in a tan, long-sleeved shirt, dark pants and a dark bullet-proof vest walks through a hallway in front of a wall covered with what appears to be a long blackboard with the words "Immigration Court" in large capital letters across the top and miscellaneous notices posted on the board below.

Key Trump Deportation Strategies: Removing, Replacing, and Pressuring Immigration Judges

New data shows how mass firings, loyalist replacements, and pressure tactics are turning U.S. immigration courts into a deportation enforcement arm.
U.S. Secretary of Defense Pete Hegseth seated in the Oval Office of the White House.

Why It’s Wrong to Involuntarily Mobilize Reserve JAGs for Immigration Cases

Federal law specifies that involuntary mobilization is to be used only to provide military forces for war or national emergencies.
Several people wearing various colors of t-shirts, including bright orange or black, stand with signs at the base of tall columns, the photo shot from below, with banners between the columns behind them reading "Jimmy Kimmel Live"

How Defending Free Speech Can Unite Unlikely Allies

The Trump administration's threats to First Amendment rights have inspired a broad front defending free speech, freedom of the press, protest rights and more.
Border Patrol agents patrol along the US-Mexico border at Shelby Park in Eagle Pass, Texas, on February 18, 2026.

Abandoning Principles: Unpacking the Supreme Court’s Mullin v. Al Otro Lado Denying Asylum to Arriving Migrants

How the Roberts Court interpreted a simple statutory phrase to give the executive branch license to undercut asylum protections at the U.S. border.
A view of the US Supreme Court in Washington, DC, on June 25, 2026. The US Supreme Court on Thursday backed a Trump administration move to strip deportation protections from some 350,000 Haitians and 6,000 Syrians living in the United States. The conservative-dominated court, in a 6-3 ruling, said the Department of Homeland Security's decision to end Temporary Protected Status (TPS) for Haitian and Syrian immigrants was not subject to judicial review.

Sanitized and Unreviewable: Unpacking the Supreme Court’s Mullin v Doe on Ending Temporary Protected Status for 1.3m Noncitizens

Leading immigration expert unpacks the Supreme Court's ruling on temporary protected status for Haitian and Syrian residents in U.S.
The Declaration on Independence as seen on aging paper.

Reflections from Today’s Judiciary on the Anniversary of the Declaration of Independence

Many actions taken by the current administration echo the grievances laid out in the Declaration of Independence against King George III.
Habeas Corpus and Legal Protections

Immigration Habeas Tracker: Government Obstruction, Judicial Trust, and Accountability

A comprehensive study of immigration habeas litigation from the second Trump administration, assessing how courts responded to protect judicial authority and individual rights.
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