Immigration
447 Articles

Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s)
Legal experts explain First Amendment and Due Process rights in case of Mahmoud Khalil and potential deportations of other pro-Palestinian protestors.

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.

How DHS Laid the Groundwork for More Intelligence Abuse
The DHS I&A's new guidance validates an expansive view of legal authorities that permit abusive counterterrorism and surveillance powers.

The Racial Twist in Trump’s Cutoff of Refugee Admissions
A case that prompted a court injunction helps show executive orders on refugee resettlement and on South Africa are egregious and unlawful.

U.S. Military Action in Mexico: Almost Certainly Illegal, Definitely Counterproductive
U.S. military action in Mexico would not only be illegal, it would sabotage Trump’s stated immigration policy priorities and could lead to retaliation against Americans.

The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order
"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."

Trump’s Doubly Flawed “Invasion” Theory
The president is wrong about what an invasion is—and what powers it triggers.

The Need for Course Correction: The Risks of Treating Drug Cartels as Terrorist Threats
While the executive order is intended to enhance national security, it raises significant concerns.

What Just Happened: At Guantanamo’s Migrant Operation Center
Sending anyone from the United States to Guantanamo raises a host of legal, moral, and policy questions.

The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases
Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction

Trump’s Executive Order on Foreign Terrorists: Implications for the Rights of Non-Citizens
Trump's efforts to revive some version of the Muslim travel ban will harm people within the United States and chill protests.

What Just Happened: The Framing of a Migration “Invasion” and the Use of Military Authorities
An expert explainer on the Executive Order on the "Invasion" Executive Order and deployment of troops.