Immigration

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Migrants are taken insidethe El Paso County detention facility by a Customs and Border Protection agent on June 12, 2019 in El Paso.

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.
Asylum seekers in life rafts on the Aegean Sea

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…
Immigration rights activists take part in a rally in front of the US Supreme Court in Washington, DC on November 12, 2019.

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…
This photo taken on September 12, 2019 shows people walking next to a Uighur cemetery in Shayar in the region of Xinjiang.

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.
Two Muslim women stand near a fence across the street from the White House before the start of a protest against the Trump administration's proposed travel ban, October 18, 2017 in Washington, DC.

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…
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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…
U.S. Immigration and Customs Enforcement (ICE) detainees board a Swift Air charter flight at McCormick Air Center on February 18, 2020 in Yakima, Washington.

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…
Packages fill the shelves in the Miguel Nieto Department Store on February 1, 2020 in Presidio, Texas. - Ranchers from both sides of the border use the the Miguel Nieto Department Store as a pick up spot for their packages because they live in such remote locations.

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…
A Christmas nativity scene depicts Jesus, Mary, and Joseph separated and caged, as asylum seekers detained by U.S. Immigration and Customs Enforcement, at Claremont United Methodist Church on December 9, 2019 in Claremont, California.

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…
Activists chant in front of the US Supreme Court in Washington, DC, on June 18, 2020. Signs read, "Here to Stay" and "Home Is Here."

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 Statue of Liberty is viewed from the rooftop of the new Statue of Liberty Museum, May 13, 2019 on Liberty Island in New York City.

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…
Cell room doors are seen at the Caroline Detention Facility in Bowling Green, Virginia, on August 13, 2018. - A former regional jail, the facility has been contracted by the US Department of Homeland Security Immigration and Customs Enforcement (ICE) to house undocumented adult immigrant detainees.

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.
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