Immigration
478 Articles
The Real-Life Consequences of the (Now Lawful) Travel Ban
This is how the third version of Trump’s travel ban, the one that the Supreme Court says is lawful, affects one person. One American. One family. As an immigration lawyer,…
Denmark Leading the Pack on European Anti-Immigration Policy
Like the other generous welfare states of Scandinavia, Denmark has historically been known as a uniquely broadminded and tolerant nation. And so, a recent package of laws passed…
Unpacking DOJ’s New Claim that DHS Can Legally Detain Migrant Children with Their Parents for Longer than Twenty Days
The Trump administration recently claimed it could not reunite migrant children with parents who are being held in ICE detention due to a court order requiring the government to…
Studies: Mass Detention of Migrant Families is Unnecessary, Inefficient
The administration’s turn toward mass detention of asylum seekers and migrants flies in the face of numerous empirical studies, including the government’s own statistics, that…
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.…