Immigration
311 Articles

How DHS’s New Social Media Vetting Policies Threaten Free Speech
A pair of cables issued by the State Department that are ostensibly intended to combat antisemitism will inevitably chill or punish First Amendment-protected speech.

The Just Security Podcast: The Situation in Los Angeles and the U.S. Military
An expert discussion with audience Q&A on the events in Los Angeles, the federalization of the National Guard, and use of U.S. Marines.

The Mounting Crisis of Militarizing Immigration Enforcement
When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

Mass Deportation Policy and the Constitution: My Testimony Before the Senate Spotlight Forum
McCord's remarks for Senate panel address the administration’s mass deportation policy and constitutional rights of citizens and noncitizens.

“The Insurrection Act” by Any Other Name: Unpacking Trump’s Memorandum Authorizing Domestic Deployment of the Military
"The Memorandum ... raises many of the same concerns as an Insurrection Act invocation would, and that could end up looking quite similar in practice."

Unequal Before the Law: How Trump’s Death Penalty Order Codifies Dangerous Speech
Tying the harshest punishment the state can impose to the identity of the accused is dangerous speech that can increase the risk of intergroup violence.

Removing Protected Status for Afghans in the U.S. is No Way to Treat Allies
Contrary to the Department of Homeland Security's claims, evidence shows the situation in Afghanistan has not improved. Deporting allies is unjustified and a betrayal.

The Absence of “State Secrets” in US-El Salvador Agreement: On Removal and Imprisonment of Non-US Citizens
A "case cruncher" on the legal doctrine governing the state secrets privilege, and a Table containing senior government officials' public acknowledgments.

Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.

Another Abrego Garcia, and the Administration’s “Contrivance” to Keep Him in El Salvador’s Prison
Fourth Circuit rejects the government's attempt to keep a detainee very similar to Abrego Garcia in CECOT prison.

Another Reason Trump’s Birthright Citizenship Order is Unlawful
"Without question, Congress understood that the birthright citizenship statute extended to the two groups that President Trump has targeted"

Paying for Return: Why Assad’s Assets Must Fund Syrian Repatriation
Assad’s frozen, sanctioned assets should be structured into reparation programs to help Syrian families afford rebuilding their lives.