Immigration
477 Articles
Assessing Trump’s Mandate—A Sober Analysis
Both supporters and opponents of Trump’s campaign want to know what kind of mandate the election results mean for his Presidency and for questions about the political capital…
IBM’s Terrorist-Hunting Software Raises Troubling Questions
Last week, Defense One published an article about a new use that IBM is pioneering for its data-crunching software: identifying potential terrorists in the stream of refugees entering…
What’s Missing from Constitutional Analyses of Donald Trump’s Muslim Immigration Ban
Editor’s Note: This post was originally published on December 10, 2015 at 12:50am. On Tuesday, I wrote a short piece for CNN.com explaining why Donald Trump’s proposed ban…
The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases
These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
History, Hysteria, and Syrian Refugees
A week after the ISIS terrorist attacks in Paris, American political hysteria is on full display. On Thursday, the House voted to tighten screening procedures on Syrian refugees;…
The Special Rapporteur on Torture’s Report on Extraterritoriality Speaks to Migrant Crisis
The United Nations Special Rapporteur on Torture, Juan E. Méndez, has issued a new expert’s report (his 17th)—this one on extraterritoriality. (JustSecurity’s extensive…
Are Cross-Border Shootings Heading to the Supreme Court?
Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting…
Salvadoran General Deemed Deportable In the Absence of Criminal Charges
UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…
Why the immigration initiative has nothing to do with assertions of executive constitutional power
My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies.