Immigration
336 Articles

The Urgent Need to Restore Independence to America’s Politicized Immigration Courts
Incoming President Biden should do all in his power to reestablish fairness, consistency, and efficiency in a system hobbled under the Department of Justice.

Torture by Rescue: Asylum-Seeker Pushbacks in the Aegean
Since at least March, Greece has been systematically returning asylum seekers who have arrived on its shores – who have the right to adjudication of their asylum claims – to…

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy
Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…

The 116th Congress’s Record on International Human Rights: The Good, the Bad, and the Unfinished Business
Action and inaction on Uyghurs, Yemen, the Rohingya, asylum seekers, Venezuela, and more highlight the crises facing the next Congress.

The President and Immigration Law: The Danger and Promise of Presidential Power
In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…
The President and Immigration Law Series: Presidential Power, Migration Management, and Foreign Affairs
Next in our series on The President and Immigration Law, former CBP commissioner and Assistant Secretary of DHS Alan Bersin argues that borders – traditionally viewed as lines…

The President and Immigration Law: Restoring Faith in Our Immigration System Through Enforcement Discretion and Reform
In the next installment of our President and Immigration Law series, Tom Jawetz argues that an unnecessarily narrow concept of “enforcement" frames appropriate administrative…

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.