Immigration
477 Articles
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…
Five (Overlooked) Decision Points for the Trump Administration in National Security
What are the decision points that the President-elect’s transition team and incoming administration will likely face over the horizon in the national security arena? News media…
Foreign Gov’t Assistance to Trump Administration Policies: What Int’l Law Prohibits
The policies of the incoming Trump Administration may spell legal trouble for cooperation between the United States and its allies in important areas of national security. One…
Why Trump’s Proposed Targeting of Muslims Would be Unconstitutional
As a candidate, Donald Trump notoriously called for a ban on the entrance of all Muslims, a database to track Muslims in the United States, for aggressive surveillance of “the…
The Islamophobia Administration
POLITICO is reporting today that President-elect Donald Trump will likely nominate Senator Jeff Sessions (R-AL) for attorney general and Rep. Mike Pompeo (R-KS) to be director…
Trump Adviser Confirms Our Expert’s Analysis: “Criminal” Immigrants Includes Non-Criminals
On Sunday’s 60 Minutes, President-elect Donald J. Trump said he would focus on deporting up to 3 million “criminal” immigrants. Many in the media, including CNN, mistakenly…
Prof Adam Cox on What Trump’s Deportation of “Criminals” Might Really Mean
On this Sunday night’s 60 Minutes, President-elect Donald J. Trump tells CBS’ Lesley Stahl that he plans to focus first on deporting up to 3 million “criminal” immigrants.…