Immigration and Customs Enforcement (ICE)

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52 Articles
Tank and soldiers shown on Mexico border

The New “National Defense Area” at the Southern Border: What You Need to Know

NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.

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.
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 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.
An American flag flies behind barbed wire fencing at the Office of Military Commissions building

What Just Happened: At Guantanamo’s Migrant Operation Center

Sending anyone from the United States to Guantanamo raises a host of legal, moral, and policy questions.
visualization of big data

A Start for AI Transparency at DHS with Room to Grow

An assessment of the achievements and areas for improvement in the DHS's most recent AI use case inventory.
A line of people wait outside a border fence, joined by a white Mexican police car.

Trump’s Immigration Agenda: A Closer Look

Existing law, the fate of Trump’s immigration policies from 2017-2020, and the campaign’s public statements to date all offer fertile ground for understanding the potential…

How Democratic Govts Become Complicit in Transnational Repression: Another Rwanda-US Case

In this one, the US government may have fallen prey to disinformation planted by an autocratic regime, and the pattern isn't rare.
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