Immigration

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Trump speaks during his visit to US Border Patrol McAllen Station in McAllen, Texas, on January 10, 2019.

Int’l Human Rights Law and Trump’s Invocation of Emergency Powers

How human rights law regulates emergency powers, and how Trump may break it.
Border fence under construction near New Mexico's Highway 9, near Santa Teresa on December 23, 2018.

A Caution to Pentagon Officials Asked to Obligate “National Emergency” Funds

The President reportedly is contemplating declaring there to be a “national emergency” at our southern border, and directing the Department of Defense (DoD) to finance the…
A US worker and cement truck along construction of 32km of the border wall by order of US President Donald Trump on the border between Ciudad Juarez, Chihuahua state, Mexico and Santa Teresa, New Mexico state, US, on April 17, 2018.

Terrorists and the Southern Border: Myth and Reality

"The Intelligence Community is almost certainly not able to stand publicly behind what the White House and DHS are saying."
U.S. Army soldiers work fortifying the US-Mexico border fence with barbed wire on November 26, 2018 in Mexicali, Mexico.

Trump’s Plan to Have the Military Build a Wall is Illegal

As the shutdown stretches on, the Trump administration is beginning to realize the severity of its consequences for millions of Americans, and is desperately searching for a way…

Getting Over the Wall

"The Wall is not the border security panacea that warrants the zero-sum brinkmanship that holds the federal workforce as a hostage."

Upcoming “Caravan” Hearing Will Continue International Scrutiny of U.S. Immigration Policy

There are two hours this week that could make an incremental but important difference in the course of U.S. immigration policy: when the Inter-American Commission on Human Rights…
Honduran father Juan and his six-year-old son Anthony walk on their way to attend Sunday Mass on September 9, 2018 in Oakland, California. They fled their country, leaving many family members behind, and crossed the U.S. border in April at a lawful port of entry in Brownsville, Texas seeking asylum. They were soon separated and spent the next 85 days apart in detention. Juan was sent to Tulsa, Oklahoma, while his son was sent to a detention shelter New York. They were one of almost 2,600 families separated due to the Trump administration's "zero tolerance" immigration policy. Juan said it took six weeks from the time of separation until he was able to make a phone call to his son. They were finally reunited in July and are now living in Oakland as their asylum cases are adjudicated.

New Proof Surfaces That Family Separation Was About Deterrence and Punishment

Newly obtained government documents reveal that the underlying intent of the Trump administration’s brutal practice of separating migrant families at the border was, in fact,…
U.S. Army troops deployed to the U.S.-Mexico border line up for a meal at a base near the Donna-Rio Bravo International Bridge on November 22, 2018 in Donna, Texas.

Legal Analysis of “Cabinet Memo” on the Military’s Role at Southern Border

Avoidance of military involvement in civil society is part of America's political culture and heritage. The new White House order on U.S. Army role at the southwest border threatens…

Birthright Citizenship for Children of Unlawful U.S. Immigrants Remains an Open Question

Shortly before the midterm elections, President Trump stirred up a hornet’s nest in suggesting he could, by executive order, withdraw the right to citizenship at birth from children…

Asylum Seekers Being Turned Away No Matter Where They Cross the Border

Even as it tells asylum-seekers they must go to a port of entry, the Trump administration has been turning them away from these very same ports for months, claiming that they are…

Immigrants’ First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case

Are federal immigration officers free to retaliate against immigrant activists who exercise their First Amendment rights? That is the question the Second Circuit will confront…

Like His Boss, Pence Misleads Public About Terrorism and Immigration

Vice President Mike Pence's statement this week about apprehending terrorists at the southern border was wrong and is consistent with the administration’s practice of dressing…
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