Immigration
295 Articles

Taking Stock of the Birthright Citizenship Cases, Part I: Unpacking Trump v. CASA, Inc.
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.

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.

The Legal Fig Leaf: The US-El Salvador Detainee Diplomatic Notes
Declassified U.S.–El Salvador documents expose a shaky legal cover and continued U.S. control over detainees in CECOT, raising questions about complicity in potential abuses.

Whistleblower Documents Implicate Emil Bove in Criminal Contempt Order by Chief Judge Boasberg
Email released by whistleblower would presumably implicate Bove in the “contumacious conduct” identified by Chief Judge Boasberg.

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

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.

Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"

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 Just Security Podcast: The Situation in Los Angeles and the U.S. Military
An expert discussion with audience Q&A on the events in Los Angeles, the federalization of the National Guard, and use of U.S. Marines.

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.

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.