Immigration

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Undocumented immigrants sit on the dirt, handcuffed together, as they wait to be transported to a central processing center shortly after crossing the border from Mexico into the United States on Monday, March 26, 2018 in the Rio Grande Valley Sector near McAllen, Texas.

Criminal Prosecutions and Illegal Entry: A Deeper Dive

A look at how laws that criminalize entry and reentry into the U.S. actually work in practice and how they have been used to punish asylum seekers and migrants in violation of…
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Blocking or Aiding Asylum Seekers? The U.S.-Canada “Safe Third Country” Agreement and Examples from Europe

The Trump administration's new asylum regulation attempts an end run around the statutory requirements of an actual “Safe Third Country” agreement. Here's how such an agreement…
A caravan of more than 1,500 Honduran migrants moves north after crossing the border from Honduras into Guatemala on October 15, 2018 in Esquipulas, Guatemala.

“Safe Third Country” Agreements with Mexico and Guatemala would be Unlawful

The Trump Administration is seeking "safe third country" agreements with Mexico and Guatemala to keep Central American asylum seekers from reaching the country - they can't meet…
A sign reading, “Government property no trespassing,” is posted at the U.S. Border Patrol station where lawyers reported that detained migrant children had been held unbathed and hungry in Clint, Texas. June 26, 2019

We Treat America’s Wartime Detainees Better Than Migrant Children

Migrant children held in temporary government custody should be detained in conditions superior to those of enemy fighters detained during wartime. Today, it appears they are not.…
Central American migrant families arrive at a Catholic Charities respite center after being released from federal detention on June 12, 2019, in McAllen, Texas.

Top Expert Backgrounder: Children in Immigration Detention — What are the International Norms?

Vice Chair of the United Nations Committee Against Torture, Felice Gaer, writing in her personal capacity.
Police arrest activists demonstrating against anti-immigration policies near the US-Mexico border fence at Imperial beach in San Diego county, US on December 10, 2018.

CBP’s New Social Media Surveillance: A Threat to Free Speech and Privacy

U.S. Customs and Border Protection's efforts to map out the networks and activities of American activists and journalists through link analysis and social media monitoring pose…
A women participates in demonstration against U.S. President Trump's travel ban as protesters gather outside the U.S. Supreme Court following a court issued immigration ruling June 26, 2018 in Washington, DC. Her sign reads, “We will not be banned.”

The ‘NO BAN’ Act: A Needed Check on Presidential Decision-Making

The NO BAN Act ensures that presidential orders to bar or restrict people from entering the United States are the product of proof rather than prejudice.
Venezuelans take part during a protest in front of the United Nations on January 26, 2019 in New York.

U.S. Denial of Safe Harbor Compounds Venezuela’s Crisis

Even as U.S. President Donald Trump threatens military force to achieve the regime change he’s calling for in Venezuela, his administration has accelerated deportations from…
Honduran father Victor walks with his daughter Katie near Metropolitan Detention Center, shortly after he was released on bond from six months in ICE custody, on October 2, 2018 in Los Angeles, California.

Arbitrary Detention of Asylum Seekers Perpetuates the Torture of Family Separation

Abitrary detention of asylum seekers - itself a violation of international human rights law - must be ended in order to resolve the horror of family separation at the border.
U.S. President Donald Trump holds up his fist after he spoke on border security at a Rose Garden event at the White House February 15, 2019 in Washington, DC.

Norms Watch: Damage to Democracy and Rule of Law in February 2019

Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
A US worker and cement truck along construction of 32km of the border wall by order of US President Donald Trump on the border between Ciudad Juarez, Chihuahua state, Mexico and Santa Teresa, New Mexico state, US, on April 17, 2018.

What You Need to Know about the “National Emergency Declaration”

Editor’s Note: This article was updated after the President’s announcement to add a fifth analysis. President Donald Trump declared a national emergency on Friday,…
U.S. Army soldiers work fortifying the US-Mexico border fence with barbed wire on November 26, 2018 in Mexicali, Mexico.

Trump’s Plan to Have the Military Build a Wall is Illegal

As the shutdown stretches on, the Trump administration is beginning to realize the severity of its consequences for millions of Americans, and is desperately searching for a way…
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