Detention
590 Articles
El Salvador’s Authoritarian Slide Should Hold Lessons – Not Examples – for the U.S.
In fighting rampant gang violence, President Bukele has turned El Salvador into even more of a lawless, opaque State.
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."
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.
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 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
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…
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 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.
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.
The Trump Administration’s Recent Removals to El Salvador Violate the Prohibition on Transfer to Torture
US and international law prohibit transferring or removing any person when there are substantial grounds for believing that the person would be at risk of certain serious human…
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.
5 Big Questions in the Alien Enemies Act Litigation
Major legal issues following Chief Judge Boasberg's ordering a temporary block to the presidential proclamation.