Immigration
419 Articles

Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.

Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.

Another Reason Trump’s Birthright Citizenship Order is Unlawful
"Without question, Congress understood that the birthright citizenship statute extended to the two groups that President Trump has targeted"

Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.

The Just Security Podcast: Discussion of Stephen Miller Remarks on Suspension of Habeas Corpus & Path Ahead
An assessment of Stephen Miller's recent remarks on the suspension of habeas corpus and the path ahead for courts and members of Congress.

A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss
An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.

In Congress, a Welcome, But Flawed, Step to Stop Trump’s Transfers to Torture
The El Salvador 502B resolution risks falsely drawing distinctions about the applicability of human rights based on immigration status.

The Dirty Deal with El Salvador
What’s known about the agreement between the United States and El Salvador when it comes to CECOT prison, and why sworn testimony may be needed to fill in the gaps.

The Supreme Court’s Next 100 Days: Understanding the Passive-Aggressive Virtues (and Vices)
The Supreme Court's pushback during the first 100 days of the Trump administration is striking. What to look for in the next 100.

The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.

How March 31 Military Flight of Venezuelan Nationals to El Salvador Most Likely Violated Court Order
It may all come down to "acting in concert or participation with."

Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.