Immigration

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477 Articles
U.S. standard certificate of live birth application form next to flag and passport of USA.

Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs

Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
U.S. President Donal Trump shakes hands with El Salvador Presidnet Nayib Bukele next to an American flag.

The New Transparency Rules and the El Salvador Detention Agreement

A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained
Screenshot of Form G-325R Biographic Information (Registration)

The Immigration Registration Trap Goes Live

When a court finally addresses the merits of the rule, there are strong procedural and substantive grounds to challenge its implementation.
The photo shows four very long, shallow docked boats arrayed next to each other diagonally across the image, seemingly made of iron or metal, carrying belongings and one with a number of adults and children in it. Other people are on land at the back of the image, next to a dirt road beside fields stretching into the distance.

Visa Revocations Disregard South Sudan War Risks, Overlook U.S. Communities’ Embrace of Refugees

The breadth and depth of support for South Sudanese across red and blue states has origins in evangelical backing for the young country.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Remarkable Things in the Government’s Alien Enemies Act Briefs to the Supreme Court

The Acting Solicitor General's briefs "fall considerably short of the historical standards for quality and forthrightness that typify briefs that the Office of the Solicitor General…
The departure statement in the Wong Kim Ark case, on yellowed paper.

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
The departure statement in the Wong Kim Ark case, on yellowed paper.

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.
A person wearing a Panamanian flag steps on a U.S. flag.

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…
A man with tattoos on his arms is handcuffed behind his back.

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.
Judge James E. Boasberg, chief judge of the Federal District Court in DC, stands for a portrait at E. Barrett Prettyman Federal Courthouse

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.
A man walks in front of the Supreme Court building at dusk.

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…
In this handout photo provided by the Salvadoran government, members of the Salvadoran army stand guard at the gates of the Terrorism Confinement Center (CECOT) at CECOT on March 16, 2025 in Tecoluca, El Salvador.

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…
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