Immigration, Federal Authority, and City Hall
Cities are once again center stage in our national debate over immigration. A decade ago, the focus was on whether cities can participate in federal immigration enforcement. Now the fight is over...
View ArticleMunicipal Suffrage, Sanctuary Cities, and the Contested Meaning of Citizenship
In November 2016, the city of San Francisco enacted a ballot initiative that was somewhat overshadowed by other election results. It permitted noncitizens with children in the public school system to...
View ArticleImmigration Enforcement Under Trump: A Loose Cannon
The Trump administration’s immigration enforcement policy is a loose cannon, targeting noncitizens who have long been protected under prosecutorial discretion. The President has unleashed a policy that...
View ArticleThe Overlooked Legal Challenge to Trump’s Travel Ban
The third version of the Travel Ban (“EO-3”)—also known as the Muslim Ban—added two non-Muslim countries to the list, but that by no means immunized it from legal challenge. The Supreme Court is set to...
View ArticleThe Travel Ban Arguments and the President’s Words
Coming out of Wednesday’s arguments in Trump v. Hawaii, the dominant view—see, for example, here, here, and here—was that the federal government was likely to prevail and the Proclamation would be...
View ArticleDon’t Forget Congress When Assigning Blame: Thoughts on Trump v. Hawaii
In the aftermath of the Supreme Court’s decision in Trump v. Hawaii, the travel ban or Muslim ban case, it is unfortunately necessary to engage—or continue to engage—in the process of assigning blame....
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Refugee Protection at Risk: Remain in Mexico and Other Efforts to Undermine...
For the past year, the Trump administration has been hard at work trying to unilaterally rewrite asylum law. Its latest attempt, the so-called Migrant Protection Protocols, informally known as Remain...
View ArticleImmigration Detention and Abolition
Prison abolitionism has gained traction. Louisiana, for example, has taken steps recently to reduce the population of the state’s prisons. In June 2017, the “world’s prison capital” passed a series of...
View ArticleRecent Proposed Rule: DNA-Sample Collection from Immigration Detainees
The Trump Administration’s targeting of immigrants is no secret. Earlier this month, the Department of Justice (“DOJ”) “announced that in fiscal year 2019 (FY19), its U.S. Attorneys’ Offices...
View ArticleWhen Immigration Detention Endangers the Community
One week ago, immigrants’ rights groups filed an emergency motion seeking the release of noncitizens nationwide who are detained and vulnerable to the disease. Lawyers in the Justice Department’s...
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