Immigration
Highlights:
After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.
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.
Hanging “Like a Guillotine”: Trump v. CASA and the Risk of Statelessness
For the first time in modern history, children born on American soil may be rendered stateless. The risk to non-citizen children is real and urgent.
Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions
How DHS’s New Social Media Vetting Policies Threaten Free Speech
A pair of cables issued by the State Department that are ostensibly intended to combat antisemitism will inevitably chill or punish First Amendment-protected speech.
The Mounting Crisis of Militarizing Immigration Enforcement
When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.
284 Articles
Mass Deportation Policy and the Constitution: My Testimony Before the Senate Spotlight Forum
McCord's remarks for Senate panel address the administration’s mass deportation policy and constitutional rights of citizens and noncitizens.
“The Insurrection Act” by Any Other Name: Unpacking Trump’s Memorandum Authorizing Domestic Deployment of the Military
"The Memorandum ... raises many of the same concerns as an Insurrection Act invocation would, and that could end up looking quite similar in practice."
Unequal Before the Law: How Trump’s Death Penalty Order Codifies Dangerous Speech
Tying the harshest punishment the state can impose to the identity of the accused is dangerous speech that can increase the risk of intergroup violence.
Removing Protected Status for Afghans in the U.S. is No Way to Treat Allies
Contrary to the Department of Homeland Security's claims, evidence shows the situation in Afghanistan has not improved. Deporting allies is unjustified and a betrayal.
The Absence of “State Secrets” in US-El Salvador Agreement: On Removal and Imprisonment of Non-US Citizens
A "case cruncher" on the legal doctrine governing the state secrets privilege, and a Table containing senior government officials' public acknowledgments.
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.
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"
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.
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.
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.