Immigration
447 Articles
The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
Upending the International Order: Why Undermining the UN Charter and US Defense Commitments is Self-Defeating
The President should understand that bellicose threats and unreliability as an ally may leave the United States poorer and more vulnerable on his watch and will frustrate his nuclear…
The Missing Due Process for Gang Allegations
There is a long history of immigration agencies using tattoos and a set of notoriously flawed gang databases to bring false or weak claims of gang involvement.
Dissecting the Trump Administration’s Strategy for Defying Court Orders
The Trump administration is banking on Americans giving it a pass on violating District Chief Judge Judge Boasberg's court order.
The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar
Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…
The Trump Administration’s Recent Removals to El Salvador Violate the Prohibition on Transfer to Torture
US and international law prohibit transferring or removing any person when there are substantial grounds for believing that the person would be at risk of certain serious human…
U.S. AI-Driven “Catch and Revoke” Initiative Threatens First Amendment Rights
The State Department's AI-enabled "Catch and Revoke" initiative will dissuade individuals from exercising First Amendment-protected activities.
Is the Trump Administration Deliberately Violating a Federal Court Order?
Addressing the Trump administration's theories for why it did not violate a court order by deporting Venezuelan immigrants to El Salvador.
5 Big Questions in the Alien Enemies Act Litigation
Major legal issues following Chief Judge Boasberg's ordering a temporary block to the presidential proclamation.
Timeline of US Flight to El Salvador and Judge’s Order to Turn Around Planes
Timeline of the Trump administration sending hundreds of Venezuelans to El Salvador compared to the timing of the federal court proceedings.
Trump Administration Appears to Launch ‘Alien Enemies Act’ Deportation Program
On Friday, the Trump administration appeared to start the process of carrying out the deportation of Venezuelan nationals pursuant to the Alien Enemies Act, a wartime authority…
What to Read on the Alien Enemies Act
A list of Just Security's expert analysis on the Trump administration's reported plans to invoke the Alien Enemies Act.