Immigration
Highlights:
Another Reason Trump’s Birthright Citizenship Order is Unlawful
"Without question, Congress understood that the birthright citizenship statute extended to the two groups that President Trump has targeted"
In Congress, a Welcome, But Flawed, Step to Stop Trump’s Transfers to Torture
The El Salvador 502B resolution risks falsely drawing distinctions about the applicability of human rights based on immigration status.
Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.
Another Abrego Garcia, and the Administration’s “Contrivance” to Keep Him in El Salvador’s Prison
Fourth Circuit rejects the government's attempt to keep a detainee very similar to Abrego Garcia in CECOT prison.
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
Paying for Return: Why Assad’s Assets Must Fund Syrian Repatriation
Assad’s frozen, sanctioned assets should be structured into reparation programs to help Syrian families afford rebuilding their lives.
274 Articles
The Just Security Podcast: Discussion of Stephen Miller Remarks on Suspension of Habeas Corpus & Path Ahead
An assessment of Stephen Miller's recent remarks on the suspension of habeas corpus and the path ahead for courts and members of Congress.
A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss
An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.
The Dirty Deal with El Salvador
What’s known about the agreement between the United States and El Salvador when it comes to CECOT prison, and why sworn testimony may be needed to fill in the gaps.
The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
El Salvador’s Authoritarian Slide Should Hold Lessons – Not Examples – for the U.S.
In fighting rampant gang violence, President Bukele has turned El Salvador into even more of a lawless, opaque State.
How March 31 Military Flight of Venezuelan Nationals to El Salvador Most Likely Violated Court Order
It may all come down to "acting in concert or participation with."
Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
The Fox TV Problem with Deporting International Students
The SCOTUS decision in FCC v. Fox TV emphasized fair notice, a bedrock requirement of due process that could shield students from removal.
Three Ways Abrego Garcia’s Rights Violated — Two of Which the Government Admits
"Abrego Garcia’s case isn’t about his alleged gang membership. It’s about the rule of law, and whether it will hold."
Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs
Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
The New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained
The Immigration Registration Trap Goes Live
When a court finally addresses the merits of the rule, there are strong procedural and substantive grounds to challenge its implementation.