Trump vs. the Declaration of Independence
Several of the items on the Declaration's list of grievances against King George III also apply to Donald Trump today.
Due Process
Florida Plans To Deputize 9 National Guardsmen as Immigration Judges To Increase Deportations
Legal experts are concerned that immigration judges with only six weeks of training will not uphold constitutional protections for migrants.
Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'
The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.
The 5th Circuit Rejects Qualified Immunity for a Child-Snatching Texas Cop Who Falsely Alleged Abandonment
Alexandra Weaver argued that she could not reasonably have been expected to know her actions were unconstitutional.
How DHS Facial Recognition Tech Spread to ICE Enforcement
More government agencies are using facial recognition for enforcement than ever before.
Trump Plans To Dismiss Hundreds of Thousands of Asylum Claims To Boost Deportations
Dismissing asylum applications for migrants who entered the U.S. unlawfully would boost immigration-related arrests, but have little impact on public safety.
The Rationale for Deporting Mahmoud Khalil Is Alarmingly Vague and Broad
Marco Rubio’s nebulous invocation of foreign policy interests is bound to have a chilling impact on freedom of speech, which is the whole point.
Supreme Court Issues Terrible Shadow Docket Decision Lifting Injunction Against "Third Country" Deportations of Migrants Without Due Process
The ruling includes no analysis. Justice Sotomayor's dissent has a compelling explanation of why it is wrong.
Lighthiser v. Trump: Another Kids Climate Suit
This one claims that the Trump Administration's deregulatory efforts violate the Fifth Amendment.
A Judge Said the Excuse for Arresting Mahmoud Khalil Was Unconstitutionally Vague. Why Isn't Khalil Free?
U.S. District Judge Michael Farbiarz highlights the chilling impact of Marco Rubio's dubious rationale for deporting students whose views offend him.
Federal Court in Colorado Explains TRO Against Immediate Deportation of Mohamed Soliman's Family, Transfers Case to Western District of Texas
Soliman is the man "charged with a horrific June 1, 2025 antisemitic fire-bombing attack 'against a peaceful gathering of individuals commemorating Israeli hostages.'"
California Immigration Raids Are Hurting American Citizens Too
Cary López Alvarado, a U.S. citizen who is nine months pregnant, was detained after blocking immigration agents from entering what she believed to be private property.
Farmworkers Panic as ICE Raids California Fields
Agents were chasing and apprehending workers in the early hours of the morning.
DOJ Brings Kilmar Abrego Garcia Back to the U.S. After Insisting It Couldn't
The Department of Justice brought the deported Salvadoran back to U.S. soil for trial, reversing its long-held contention that he would "never" return.
As American as Due Process
Those accused of wrongdoing have the right to challenge the evidence against them before the government takes away their liberty.
Kilmar Abrego Garcia Back in the United States
The Trump Administration returned the illegally deported migrant from imprisonment in El Salvador after repeatedly claiming they could not do so.
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process
Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."
First Circuit Rejects Constitutional Challenge to Federal Marijuana Prohibition
Like it or not, Gonzales v. Raich remains good law, and federal prohibition is constitutional under current doctrine.
12-Year-Old Tennessee Boy Arrested for Instagram Post Says He Was Trying To Warn Students of a School Shooting
Although the school failed to properly assess whether the threat was valid, school officials determined that his expulsion didn’t violate due process.
Civil Rights Groups Say Immigrants Are Being Denied Legal Access at Detention Centers
Reason confirmed reports of dysfunction and violence at one of those detention centers earlier this week.
'Banal Horror': Asylum Case Deals Trump Yet Another Loss on Due Process
President Trump is entitled to try to execute his immigration policy. He is not entitled, however, to violate the Constitution.
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
Supreme Court Orders Maine Legislator Censured for Social Media Post Must Get Voting Rights Back
On Monday, the court granted an emergency injunction allowing Rep. Laurel Libby to resume voting and speaking after she was censured for a post criticizing trans women in women's sports.
Report: 50 Venezuelans Sent to Salvadoran Prison Entered the U.S. Legally, Contrary to White House Claims
"It's not just one or two administrative errors," says the Cato Institute's David Bier.
Most Migrants Deported to Imprisonment in El Salvador Under the Alien Enemies Act Had no Criminal Record and Many had Entered the US Legally
A new Cato Institute study by David Bier presents the most extensive available evidence on these points.
Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act
A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.
The Federal Government's 175,000 Pages of Regulations Turn the Rule of Law Into a Cruel Joke
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Since Immigration Is an 'Invasion,' a Top Trump Adviser Says, the President Might Suspend Habeas Corpus
Stephen Miller's understanding of the Constitution is dubious for several reasons.
Judge Orders Tufts Grad Student Rumeysa Ozturk Be Released on Bail From Immigration Detention
Ozturk's continued detention "potentially chills the speech of the millions and millions of people in this country who are not citizens," said U.S. District Judge William K. Sessions III.
An Intelligence Memo Casts Further Doubt on Trump's Nonsensical Definition of 'Alien Enemies'
A declassified assessment contradicts the president's assertion that Tren de Aragua is "closely aligned with" the Venezuelan government and acts at its "direction."
Maine Legislator Barred From Voting Over Social Media Post
Earlier this year, state Rep. Laurel Libby made a post criticizing trans women in women's sports. Her refusal to apologize has cost Libby her right to speak on the House floor and vote on legislation.
Texas Closed Its Investigation Against These Parents. Why Are Their Names on a Child Abuse Registry?
A medical dispute over jaundice treatment prompted the state to take custody of Rodney and Temecia Jackson’s daughter for more than three weeks.
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
Justice Department Memo Claims Alien Enemies Act Allows Warrantless Home Searches and No Judicial Review
The memo says "Alien Enemies" aren't subject "to a judicial review of the removal in any court of the United States."
Glenn Greenwald: Americans' Liberties Are in Danger
The journalist joins the show to discuss due process, immigration enforcement, and the growing tensions between the courts and the executive branch.
Is This Constitutional? Here's How Due Process Works
It appears many people are now eager to dispense with due process.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
The Trump Administration Continues To Attack Due Process
"We have thousands of people that are ready to go out, and you can't have a trial for all of these people," Trump said.
Why Due Process Matters
Plus: A listener asks who was the better president: Trump or Obama?
The Intelligence Community's AI Revolution
The feds are rapidly deploying artificial intelligence across spy agencies. What could go wrong?
Federal Appeals Court Rejects Trump Administration's Attempt To Block Return of Kilmar Abrego Garcia
"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear," Judge J. Harvie Wilkinson warned.
A Survey Suggests Most Americans Are Not Keen on Trump's Speech-Based Deportation Initiative
Just a quarter of respondents said they favored deporting students for "expressing pro-Palestine views."
Obama Is a Huge Hypocrite for Praising Harvard's Anti-Trump Stance
Harvard's law faculty previously criticized the Obama administration's assault on norms of free speech and due process.
