Immigration

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447 Articles
Pro-Palestinian protestors rally in support of Mahmoud Khalil outside of the Thurgood Marshall Courthouse

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.
black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

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.
DHS Flag painted on a wall

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.
US Marine Corps hang barbed wire

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.
black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

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."
Members of the national guard move a red ladder.

Trump’s Doubly Flawed “Invasion” Theory

The president is wrong about what an invasion is—and what powers it triggers.
US President Donald Trump (L) and Secretary of State Marco Rubio (R) in the Oval Office.

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.
An American flag flies behind barbed wire fencing at the Office of Military Commissions building

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.
Donald Trump signs an executive order at his desk in the Oval Office

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
Demonstrators rally outside the U.S. Capitol

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.
A US Army soldier monitors the US-Mexico border in Eagle Pass, Texas

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.
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