Immigration
450 Articles

The Military, the Mexican Border and Posse Comitatus: Four Key Takeaways
The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…

Ex-Military, Intelligence, and Foreign Policy Officials: Travel Ban Harms National Security
On April 25, the U.S. Supreme Court will hear oral arguments in Trump v. Hawaii, the case testing the statutory and constitutional validity of President Donald Trump’s travel…

Reclaiming the Public Safety Mantle for Sanctuary Cities
James Schwab, a spokesman for U.S. Immigration and Customs Enforcement, resigned earlier this month saying that he could no longer “bear the burden” of spreading false information…

Why Holding Asylum Seekers Without Parole is Unlawful
Alexi, an 18-year-old man from Honduras, has been locked behind bars in an orange jumpsuit in York County Prison in Pennsylvania since November. Why? Because he sought protection…

Does the Oakland Mayor Face Legal Liability for Warning About ICE Raids?
On Feb. 24, Oakland Mayor Libby Schaaf stood in front of television cameras and informed city residents that “multiple sources” had told her that U.S. Immigration and Customs…

More Trouble for Undocumented Immigrants and the Suspension Clause
Back in August 2016, I wrote a lengthy post about the Third Circuit’s decision in Castro v. Department of Homeland Security, which held that recently-arrived undocumented…

DHS’ Constant Vetting Initiative: a Muslim-Ban by Algorithm
Above: President Donald Trump and DHS Secretary Kirstjen Nielsen. Late last week, the Congressional Black Caucus (CBC) wrote to the Department of Homeland Security, urging it…

The Empty Promise of “Waivers” from Trump’s Muslim Ban
Reports from U.S. embassies cast doubt on a central legal defense to the travel ban’s constitutionality: individualized waivers. Statistics show that only two out of 8,406 visa…

“Dehumanized” at the Border, Travelers Push Back
Border agents searched the electronic devices of 30,200 travelers last year, up more than 11,000 from the previous year. In complaints newly obtained by the Knight First Amendment…

Does the Misleading DHS/DOJ Report Violate the Information Quality Act?
President Donald Trump used the State of the Union to malign immigrants as terrorists. In support of his call to end the diversity visa lottery and family-based immigration—which…

Trump’s Immigration Wishlist Risks Running Afoul of U.S. Treaty Obligations
In his State of the Union speech, President Donald Trump reiterated his opposition to a “clean” Dreamers bill – one that protects young immigrants brought to this country…

Exodus Continued: FRONTLINE’s Next Chapter of the Refugee Story
In 2018, the United States, the world’s richest country by far, is expected to open its doors to .08 percent of the world’s 22.5 million refugees, over half of whom are under…