Criminal Justice
'Louisiana Lockup' Detention Center Is Punishing Immigrants for the Same Crime Twice, New Lawsuit Says
Oscar Amaya has been held in federal immigration custody for over six months after receiving a final order of removal, raising serious constitutional concerns about how long the government can detain people.
What's Really at Stake in the Kilmar Abrego Garcia Case?
From pretrial detention to the threat of foreign rendition, the Abrego Garcia case shows how political prosecutions and coercive plea deals have eroded the promise of a fair trial.
Texas Court Blocks Execution of Robert Roberson in Landmark 'Shaken Baby' Case
Roberson has been saved again from becoming the first person to be executed based on disputed evidence of Abusive Head Trauma, formerly called "shaken baby syndrome."
Trump Calls for Arrest of Chicago Mayor and Illinois Gov. Pritzker
As Illinois resists the federal immigration blitz, the Trump administration ups the ante on authoritarian rhetoric.
Is Restitution Punishment?
Next week, if the Supreme Court decides to reach the merits in the U.S. v. Ellingburg case, it should recognize that restitution to crime victims serves compensatory rather than penal purposes.
Alligator Alcatraz Was Built on Secrecy, Expansive Emergency Powers, and an Unprecedented State Power Grab
Shadowy deals and unilateral powers created Florida's notorious immigration detention camp.
Why the Supreme Court Should DIG Ellingburg v. U.S. Next Week
The Court granted cert to review whether criminal restitution under the Mandatory Victim Restitution Act is "penal" in character. But the defendant was ordered to pay restitution under a different statute.
Civil Rights Group Sues ICE for Withholding Records of the Agency's Detention Expansion Plans in Virginia
Lawyers at America's largest civil liberties group say the agency’s lack of transparency violates federal disclosure requirements.
Warrantless Searches, Tariffs, and the Unitary Executive: 3 SCOTUS Cases To Watch This Fall
In a new Supreme Court term packed with big cases, these disputes stand out.
Photo: Trump Sends His Drug Cops To See the Sights in D.C.
Rather than targeting cartels, DEA agents are patrolling tourist areas, setting up checkpoints, and even cleaning up litter.
Does Bari Weiss Prove Woke Media Is Collapsing?
Plus: the legality of Trump’s National Guard deployments, Democrat A.G. nominee’s leaked texts about shooting GOP rival, and what Argentina’s crisis means for libertarians.
Trump Sued—Again—for Unlawful and Unconstitutional Deployment of National Guard
This is the second lawsuit in a week challenging the Trump administration's National Guard deployments absent a qualifying emergency.
Sending in the Guard
Plus: Kilmar Abrego Garcia's case, what's wrong with emergency rooms, and more...
Defending the Summary Execution of Suspected Drug Smugglers, Trump Declares an 'Armed Conflict'
The president thinks he can transform murder into self-defense by executive fiat.
Deploying Federal Troops Is Not a Sustainable Solution to Crime in American Cities
Federal officers policing Washington, D.C., on Trump's orders appear to be driving crime down, but the plan is neither constitutionally sound nor viable in the long term.
Demanding Charges Against His Enemies, Trump Conflates Justice With Revenge
The legal rationales for prosecuting James Comey, Adam Schiff, and Letitia James suggest the president is determined to punish them one way or another.
Oregon Sues Trump Administration Over 'Unlawful' National Guard Federalization
The administration ordered the federalization of 200 Oregon National Guard members for 60 days, citing the same suspect legal authority used to send troops to California earlier this year.
ICE Doesn't Want You To Know Why They Bought a Phone Cracking System
The agency has been expanding its surveillance capabilities without a public explanation.
Assata Shakur Stood With the Oppressors
The fugitive freedom fighter allied with a government known for imprisoning dissidents, curtailing civil liberties, and forging equality in the sense that people are more equally oppressed.
In Trump's Tussle With James Comey, You Should Hope Everybody Loses
The administration is pursuing a vendetta, but Comey and the FBI deserve scrutiny and reduced stature.
Trump's Public Comments Could Further Complicate the Shaky Case Against James Comey
By demanding that the Justice Department punish the former FBI director for wronging him, the president provided evidence to support a claim of selective or vindictive prosecution.
Immigrants Arrested During Federal Takeover of D.C. Police Are Suing ICE and Other Federal Agencies
Five plaintiffs are arguing that several mass immigration arrests in the nation’s capital were made without probable cause.
Kash Patel Tellingly Ties James Comey's Indictment to the Legally Unrelated 'Russiagate Hoax'
The FBI director's portrayal of the case exemplifies the emptiness of his promise that there would be "no retributive actions" against the president's enemies.
Trump Bashed Other Countries for Their Immigrant Crime Rates. Here's Why He Didn't Mention the U.S.
Trump railed against migrant crime abroad but skipped U.S. stats—because immigrants here are locked up far less often than native-born Americans.
James Comey Indicted in a Case Prosecutors Don't Seem Excited About
There is ample evidence to suspect prosecutors are just doing President Trump's dirty work rather than following the facts of the case.
DHS Collected DNA from 2,000 U.S. Citizens Without Due Process. It's Now in a Law Enforcement Database.
By expanding federal agents' authority to collect the DNA of immigrant detainees, the government has risked violating Americans’ rights.
California Got This One Right: ICE Agents Shouldn't Be Allowed To Wear Masks
Masked agents are the unmistakable sign of a police state.
After Deinstitutionalization, America's Mental Health System Struggles To Protect the Public
Decades after closing state psychiatric hospitals, the U.S. still struggles to “find a middle ground—an institutional arrangement that recognizes both the dignity of the mentally ill and the public’s right to be safe.”
The 9th Circuit Overturns a Man's Conviction for Holding a Shotgun on the Sidewalk in Front of His House
The decision, which hinges on an exception to the Gun-Free School Zones Act, does not say whether that law is consistent with the Second Amendment.
Why Did a Florida Sheriff Accuse a Group of Fishing Guides of Inciting Threats Against Public Officials?
The Hendry County Sheriff accused Captains for Clean Water of "fuel[ing] hostility and provok[ng] violent rhetoric," but a free speech advocacy group says they were well within the First Amendment.
Kamala Harris Slams Trump for Pardoning 'the Fentanyl Dealer Ross Ulbricht'
In her new book, 107 Days, the former vice president reminds us that she is ever the prosecutor.
Louisiana Cops Beat a Naked Inmate During a Strip Search. Long Withheld Video Shows He Was Compliant.
Although the officers were eventually criminally convicted, Jarius Brown is still pursuing damages to cover the medical expenses for serious injuries to his face, nose, and chest.
Michigan Anti-Porn Bill Would Criminalize ASMR, Written Erotica, and Even Nonsexual Depictions of Trans People
Under the law, transgender people writing about their gender identity online could face 20 years in prison and a $100,000 fine.
Judge to Mangione Prosecutors: Not All Political Murder Is Legally 'Terrorism'
The latest ruling reminds us that terrorism statutes are mostly redundant.
Americans Like Drugs. Killing Drug Traffickers Won't Change That.
Most U.S. drug traffickers are Americans, but the president is ordering extrajudicial maritime killings while ignoring the domestic demand that drives the market.
Review: A Documentary Portrait of Inmates Who Quilt
Netflix's The Quilters goes inside a maximum security prison where men sew quilts for foster children.