Immigration
450 Articles
The Travel Ban: Part of a Broad National Security Exceptionalism in U.S. Law
As various scholars have noted, the Supreme Court’s Trump v. Hawaii decision last week to uphold a law that many experts call “the Muslim Ban” is shocking in its analysis.…
Contrary to Popular Belief, the Court Did Not Hold that the Travel Ban is Lawful—Anything But
"Don’t believe the hype. In fact, not a single Justice on the Court decided—or even suggested—that the Proclamation’s exclusion of entry of nationals from five Muslim-majority…
Global Responses to President Trump’s Family Separation via “Zero-Tolerance” Detention Policy
Children in cages. Children under five crying alone. Anguished parents. As these images have assaulted Americans’ sensibilities in recent weeks, they have also brought international…
Just Security Podcast: Harold Koh and Cristina Rodríguez on the Travel Ban
As most of us know, the Supreme Court this week upheld the Trump administration’s travel ban that bars citizens from seven countries, of which, five have a Muslim majority…
Child Separation in the Courts
The legal battle over family separations at the border is far from over.
Trump v. Hawaii: Korematsu’s Ghost and National Security Masquerades
The travel ban represents only the most prominent Trump administration policy that, in Justice Sonia Sotomayor’s words, “now masquerades behind a façade of national-security…
The Radical Supreme Court Travel Ban Opinion–But why it might not apply to other immigrants’ rights cases
The Supreme Court adopted a new and radical framework allowing the Justices to sidestep the anti-Muslim animus that motivated the travel ban. But, even by its own logic, the new-fangled…
Trump v Hawaii: Giving Pretext a Pass
There are plenty of reasons to be concerned about the Supreme Court’s majority opinion in Trump v. Hawaii, which upheld the president’s proclamation banning travel to the U.S.…
The Trump Administration Must Extend Temporary Protected Status for Yemenis
For those Yemenis affected by it, the upcoming DHS decision on the extension of TPS could literally be a matter of life and death, write three former US ambassadors to Yemen.
Detention of Migrant Families as “Deterrence”: Ethical Flaws and Empirical Doubts
The government's own statistics prove the very opposite of what the Justice Department just told a federal court about the deterrent effects of family detention. But let's start…
Where Family Separation Began: A Case in El Paso Shows Flores is the Solution, Not the Problem
There is a growing body of evidence that the family separation policy and failure to reunite families is itself a violation of Flores, as one federal magistrate judge in El Paso…
The Government Has Yet to Produce Evidence Showing the Travel Ban is About National Security
The very first thing that Solicitor General Noel Francisco told the court at oral argument in Hawaii v. Trump was: “After a worldwide multi-agency review, the President’s acting…