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Child Separation in the Courts

The legal battle over family separations at the border is far from over.

Trump v. Hawaii: Korematsu’s Ghost and National Security Masquerades

The travel ban represents only the most prominent Trump administration policy that, in Justice Sonia Sotomayor’s words, “now masquerades behind a façade of national-security…

Trump v Hawaii: Giving Pretext a Pass

There are plenty of reasons to be concerned about the Supreme Court’s majority opinion in Trump v. Hawaii, which upheld the president’s proclamation banning travel to the U.S.…

The Trump Administration Must Extend Temporary Protected Status for Yemenis

For those Yemenis affected by it, the upcoming DHS decision on the extension of TPS could literally be a matter of life and death, write three former US ambassadors to Yemen.

Where Family Separation Began: A Case in El Paso Shows Flores is the Solution, Not the Problem

There is a growing body of evidence that the family separation policy and failure to reunite families is itself a violation of Flores, as one federal magistrate judge in El Paso…

The Government Has Yet to Produce Evidence Showing the Travel Ban is About National Security

The very first thing that Solicitor General Noel Francisco told the court at oral argument in Hawaii v. Trump was: “After a worldwide multi-agency review, the President’s acting…

“Zero Tolerance” and the Detention of Children: Torture under International Law

The Trump administration will continue to run afoul of refugee and human rights law unless and until it stops criminalizing refugees and ends the unjustified detention of children.
Italian navy vessel Orione carrying migrants arrives at the Port of Valencia on June 17, 2018 in Valencia, Spain.

Mediterranean Stand-Off: why we need to move beyond crisis thinking on refugees

The current approach to refugee protection is clearly broken. Urgent action is required to end inter-state squabbling over responsibility for affording protection. Until then,…

Holding Migrant Children on Military Bases:  What You Need to Know

The Washington Post recently reported that the Trump administration is making preparations to hold migrant children on U.S. military bases while their parents are pending trial…

DHS: Not Entitled to Its Own Facts

Despite DHS’s breathless claims to the contrary, its numbers don’t demonstrate a "continuing security crisis" along the U.S.-Mexico border.

So Far, Trump’s Border Guard Deployment Expected to Cost $180 Million

Because it was unsuccessful securing the amount of funding it wanted to build a wall on the U.S.-Mexico border, the Trump administration is moving ahead with its plan to deploy…

Travel Ban III: Why the Court Does Not Have to Second-Guess Any (Nonexistent) Presidential National Security Decisions

[Cross-posted at Balkinization.] There’s already been a great deal written about yesterday’s oral argument in Trump v. Hawaii.  Most observers have focused on whether, for…
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