Immigration

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305 Articles

How March 31 Military Flight of Venezuelan Nationals to El Salvador Most Likely Violated Court Order

It may all come down to "acting in concert or participation with."
In this handout photo provided by the Salvadoran government, members of the Salvadoran army stand guard at the gates of the Terrorism Confinement Center (CECOT) at CECOT on March 16, 2025 in Tecoluca, El Salvador.

Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial

Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
Signage and flowers are placed on a tree reads "ICE kidnapped our neighbor"

The Fox TV Problem with Deporting International Students

The SCOTUS decision in FCC v. Fox TV emphasized fair notice, a bedrock requirement of due process that could shield students from removal.

Three Ways Abrego Garcia’s Rights Violated — Two of Which the Government Admits

"Abrego Garcia’s case isn’t about his alleged gang membership. It’s about the rule of law, and whether it will hold."
U.S. standard certificate of live birth application form next to flag and passport of USA.

Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs

Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
U.S. President Donal Trump shakes hands with El Salvador Presidnet Nayib Bukele next to an American flag.

The New Transparency Rules and the El Salvador Detention Agreement

A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained
Screenshot of Form G-325R Biographic Information (Registration)

The Immigration Registration Trap Goes Live

When a court finally addresses the merits of the rule, there are strong procedural and substantive grounds to challenge its implementation.
The photo shows four very long, shallow docked boats arrayed next to each other diagonally across the image, seemingly made of iron or metal, carrying belongings and one with a number of adults and children in it. Other people are on land at the back of the image, next to a dirt road beside fields stretching into the distance.

Visa Revocations Disregard South Sudan War Risks, Overlook U.S. Communities’ Embrace of Refugees

The breadth and depth of support for South Sudanese across red and blue states has origins in evangelical backing for the young country.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Remarkable Things in the Government’s Alien Enemies Act Briefs to the Supreme Court

The Acting Solicitor General's briefs "fall considerably short of the historical standards for quality and forthrightness that typify briefs that the Office of the Solicitor General…
The departure statement in the Wong Kim Ark case, on yellowed paper.

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
The departure statement in the Wong Kim Ark case, on yellowed paper.

The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
A man with tattoos on his arms is handcuffed behind his back.

The Missing Due Process for Gang Allegations

There is a long history of immigration agencies using tattoos and a set of notoriously flawed gang databases to bring false or weak claims of gang involvement.
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