Immigration
447 Articles

On the Role of State Department Career Attorneys
Ascribing indifference or, at worst, malevolent motives to career attorneys who are unable to refute such claims as they are bound by privilege is truly disappointing.

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.

The Legal Fig Leaf: The US-El Salvador Detainee Diplomatic Notes
Declassified U.S.–El Salvador documents expose a shaky legal cover and continued U.S. control over detainees in CECOT, raising questions about complicity in potential abuses.

Whistleblower Documents Implicate Emil Bove in Criminal Contempt Order by Chief Judge Boasberg
Email released by whistleblower would presumably implicate Bove in the “contumacious conduct” identified by Chief Judge Boasberg.

Hanging “Like a Guillotine”: Trump v. CASA and the Risk of Statelessness
For the first time in modern history, children born on American soil may be rendered stateless. The risk to non-citizen children is real and urgent.

Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions

After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.

Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"

Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump
"Congress has been far more clear than is widely believed about what its view is..."

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.