Department of Homeland Security (DHS)
125 Articles

Three Thorny Issues to Watch in Congressional Investigations
Amidst an escalation of interbranch tension, the authors explore three emerging legal issues affecting the law of congressional oversight and separation of powers.

The Freedom of Information Act and Deteriorating Federal Transparency Infrastructure
Weakening FOIA does not merely impair public knowledge — it also reduces the likelihood that abuses will be detected and deterred.

Understanding DHS’s and ICE’s New Powers in Comparative Perspective
Highlights of podcast discussion by experts on DHS, DOJ and Congress.

The Just Security Podcast: What Just Happened, The Budget Bill and the Future of DHS and ICE
Host David Aaron is joined by Steve Cash to discuss institutional constraints on the FBI and law enforcement agencies compared to DHS.

Incoming DHS Intelligence Lead Promotes Unlawful Activities
The public, Congress, and the media should insist that the DHS's domestic intelligence practices be sunset, rather than expanded.

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 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.

Removing Protected Status for Afghans in the U.S. is No Way to Treat Allies
Contrary to the Department of Homeland Security's claims, evidence shows the situation in Afghanistan has not improved. Deporting allies is unjustified and a betrayal.

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.

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.

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.

U.S. AI-Driven “Catch and Revoke” Initiative Threatens First Amendment Rights
The State Department's AI-enabled "Catch and Revoke" initiative will dissuade individuals from exercising First Amendment-protected activities.