Immigration
Highlights:
The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
How March 31 Military Flight of Venezuelan Nationals to El Salvador Most Likely Violated Court Order
It may all come down to "acting in concert or participation with."
Three Ways Abrego Garcia’s Rights Violated — Two of Which the Government Admits
"Abrego Garcia’s case isn’t about his alleged gang membership. It’s about the rule of law, and whether it will hold."
Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
El Salvador’s Authoritarian Slide Should Hold Lessons – Not Examples – for the U.S.
In fighting rampant gang violence, President Bukele has turned El Salvador into even more of a lawless, opaque State.
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
266 Articles
The Fox TV Problem with Deporting International Students
The SCOTUS decision in FCC v. Fox TV emphasized fair notice, a bedrock requirement of due process that could shield students from removal.
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.
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
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.
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.
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…
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 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.
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…