Immigration
305 Articles

The President and Immigration Law Series: The Consequences of the Free Rein of Enforcement on Borderlands Society
Next in our President and Immigration Law series, Josiah Heyman explores how an emphasis on enforcement transforms U.S. borderlands into enforcement zones of maximal executive…

The President and Immigration Law Series: The Urgent Need to Shrink Immigration Detention
Next in our series on The President and Immigration Law, Margo Schlanger argues that the current immigration detention regime – a co-production of Congress and the executive…

The President and Immigration Law Series: Executive Power Beyond Enforcement
Nicholas Espiritu cautions that presidential power goes beyond enforcement - and neither bureaucratic nor constitutional safeguards are sufficient to check these quasi-legislative…

The President and Immigration Law: Introduction to a Just Security Series
In order to develop a meaningful reform agenda, it is essential to understand how the U.S. immigration system and the president’s prominent role within it came to be. In a new…

The U.S. Bears International Responsibility for Forced Sterilization of Women in ICE Detention
A sterilization performed without the patient’s prior, full, free, and informed consent is a human rights violation.

Whistleblower: DHS Suppressed Reports on Central America and Inflated Risk of Terrorist Border-Crossers
Brian Murphy’s Whistleblower complaint confirms: White House officials and political appointees in federal agencies hid carefully investigated and proven facts and substituted…

DOD Inspector General’s Report Whitewashes Potential Violations of the Posse Comitatus Act
In finding no violation of Posse Comitatus Act, the IG misinterprets federal law and exaggerates the power of DOD policy — creating a dangerous precedent for the domestic use…

The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam
Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…

Border Justice in the Age of Pandemic
"As the dynamics of closure continue, we should push ever more strongly to build a legal and political agenda against violence and discrimination at our borders. The new agenda…

“Viral Convergence”: Interconnected Pandemics as Portal to Racial Justice
Could ongoing health and racism pandemics in the United States help provoke "viral justice" as interests converge around human rights?

A Window to Rein in DHS
The leverage afforded by the appropriations cycle presents the best and perhaps only opportunity for Congress to confront a department run amok.

Dispatches from a Racialized Border: The Invisible Threat
We carry the border on our skin, in our language, through our religion. Anyone on the other side of that border — whose skin is Black or Brown; who speaks to their loved ones…