Immigration
447 Articles
Tinkering Won’t Save the Immigration and Refugee Executive Order–How to think about “Terrorist Safe Havens”
In a recent post I pointed out the serious flaws in the Trump administration’s claim that the seven countries identified in its Executive Order on immigration were selected on…
Lufthansa To Abide By Anti-Ban Court Order–Travelers Targeted by Trump Can Now Fly (to Boston)
In what may well be a sign of things to come, Lufthansa has posted a notice to its website that, pursuant to the rulings of the U.S. District Court for the District of Massachusetts,…
Executive (Dis)order and Refugees—The Trump Policy’s Blindness to International Law
President Trump says that his recent executive order on immigration is required by national security concerns. More specifically, he has said that its goal is to screen out “radical…
Yates Letter Points to Evidence Showing Executive Order Unconstitutional
As Acting Attorney General, Sally Yates dropped a bombshell late Monday, telling Justice Department employees that the DOJ would not defend Trump’s executive order on “immigrants…
How Trump’s Executive Order on Immigration Violates Religious Freedom Laws
The ACLU and other lawyers are filing complaints across the country against Trump’s executive order on immigration. Yet these lawsuits do not always bring the strongest—or…
Sally Yates Did the Right Thing
As everyone knows by now, Deputy Attorney General Sally Yates determined yesterday that, so long as she was Acting Attorney General, “the Department of Justice will not present…
Why a Muslim Ban is Likely to be Held Unconstitutional: The Myth of Unconstrained Immigration Power
Over the last few days, constitutional debates around the executive order President Trump signed on Friday have focused on two very different questions. The first is whether the…
We’ll See You in Court: Why Trump’s Executive Order on Refugees Violates the Establishment Clause
According to the Supreme Court, “the clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.” Larson v.…
Comparing: The Leaked Draft vs Final Executive Order Barring Citizens of 7 Muslim-Majority Nations and All Refugees
On Friday, President Donald J. Trump signed an executive order implementing new immigration policies, which he stated are designed to “keep radical Islamic terrorists out…
Reflections on the prejudice in the draft Exec Order’s vetting of “prejudice”
On ABC News Wednesday night, President Donald Trump once again said that people coming into the United States would be subjected to “extreme vetting.” I think his expected…
Trump’s Immigration Policy Risks Violating International Law—alienates US allies
The Trump Administration may be in for a rude awakening. Even if its proposed immigration policies survive the coming constitutional challenges, the administration will have to…
What Did the Courts Say When Bush was Accused of Targeting Muslim Immigrants?
Looking out my window in lower Manhattan, and with Donald Trump’s inauguration just a few days behind us, it’s hard to stop thinking that a Muslim man, sitting in a chair with…