Marco Rubio Brags About Defending Freedom of Speech While Eagerly Undermining It
The secretary of state, who aims to "liberate American speech," nevertheless wants to deport U.S. residents for expressing opinions that offend him.
Immigration
What Happens When Presidents Defy Court Orders?
“The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions.”
Ignoring SCOTUS
Plus: A deep dive into the likelihood of China invading Taiwan, a weak dollar, Kasparov sounds constitutional crisis alarms, and more...
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."
Chicago Cancels Cinco de Mayo Parade Over Fears of ICE Deportations
The Windy City has been the target of ICE’s ire since President Donald Trump took office.
CECOT Forever
Plus: Israel stopped from striking Iran nuclear sites, Zohran Mamdani wants to soak the rich, and more...
The Trump Administration's Increasing Hostility to Basic Due Process
Vice President J.D. Vance is only the latest to indicate he sees due process, as guaranteed in the Constitution, as an unnecessary impediment to the administration's goals.
Federal Judge in Deportation Case Finds Probable Cause To Hold the Trump Administration in Contempt
U.S. District Judge James Boasberg says the evidence indicates that the government "willfully disobeyed" his order blocking removal of alleged Venezuelan gang members.
The Administration Is Playing Dumb
Plus: Cuomo gains traction, inside Elon Musk's paternity deals, Rumsfeld sass, and more...
Trump Says Alleged Gang Members Don't Need Hearings Because the Government Is Infallible
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
Trump Takes Dangerous Steps Towards Defying Court Orders in Garcia Abrego Case
The Supreme Court ruled they administration must "facilitate" the return of an illegally deported migrant imprisoned in El Salvador at its behest. They have responded by doing virtually nothing to comply.
A New IRS-ICE Agreement Could Reduce Tax Revenue by $300 Billion Over the Next Decade
That's what could happen if undocumented immigrants decide not to file their taxes, according to an estimate by The Budget Lab at Yale.
Stephen Miller Egregiously Misrepresented a Supreme Court Order While Trump Nodded Along
No, the Supreme Court did not give Trump free rein in the case of a wrongly deported man.
ICE Arrests Palestinian Immigrant at His Citizenship Test
Columbia student Mohsen Mahdawi thought he was going to become an American. Instead, ICE whisked him away into detention.
Salvadoran President Says He Won't Return Kilmar Abrego Garcia
And while U.S. officials admit the deportation was a mistake, they say they're not obliged to bring him back—despite the Supreme Court's ruling.
Over Eighty Universities File Amicus Brief in Case Challenging Trump's Speech-Based Deportations of Non-citizen Students
It's a good step. But the schools should also file their own lawsuit challenging this awful policy.
A Ruling Against Mahmoud Khalil Highlights Marco Rubio's Vast Power To Deport People for Their Opinions
An immigration judge's decision reinforces the constitutional argument against the law that the secretary of state is invoking.
ICE Retracts Threat To Stop Illegal 'Ideas' at the Border
The pro-censorship post was quite the Freudian slip from the Trump administration.
Supreme Court Unanimously Orders Trump To 'Facilitate' the Return of Wrongly Deported Man
Trump lost on his most aggressive claims of executive power for the second time in a week.
SCOTUS Rules on Deportation Case
Plus: China-U.S. relations heat up, ICE says ideas shouldn't cross borders, sexytime with the computer, and more...
Supreme Court Rules Trump Administration Must "Facilitate" Return of Illegally Deported Salvadoran Migrant
Unanimous ruling is a big win for immigrant rights. But it does have unfortunate ambiguities.
Supreme Court Upholds Order Telling Trump Administration to "Facilitate" Return of Armando Abrego Garcia from El Salvador
Without any recorded dissent, the justices rebuke the Trump Administration's cavalier disregard for due process.
ACLU Files Habeas Class Action to Block Alien Enemies Act Deportations
This case has crucial implications for the ability of migrants to effectively challenge illegal AEA deportations.
John Roberts Only Postponed the Bigger Fight Over Trump's Deportations
The Supreme Court did not answer two of the biggest legal questions raised by Trump’s invocation of the Alien Enemies Act.
Cambridge Brothel Case: What's the Point?
Abandoning the "sex slave" narrative exposes the hollowness at the center of cases like this.
Border Cops Try To Make an End Run Around Attorney-Client Privilege
Detroit lawyer Amir Makled has confidential client data on his phone. That didn’t stop U.S. Customs and Border Protection from trying to search it.
Supreme Court Rejects Trump's Claim That He Can Summarily Deport Anyone He Describes As an 'Alien Enemy'
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case
The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.
District Court and Fourth Circuit Order Trump Administration to Return Wrongfully Deported Immigrant
Salvadoran immigrant Kilmar Abrego Garcia was illegally deported and incarcerated in a Salvadoran prison. The Trump administration admits the deportation was illegal, but claims they can't be required to return him.
Compendium of Evan Bernick Guest-blogging Posts on Birthright Citizenship
Links to all of his posts compiled.
Photo: Migrants Sent to Guantanamo
Donald Trump isn't the first president to send detained migrants to the U.S. detention center in Cuba.
Trump Is Making Affordable Goods Expensive
Eliminating the tariff exemption on low-value Chinese imports is bad news.
My New Brennan Center Article on "Sanctuary Policies in a Federal System"
The article covers state sanctuary policies, their constitutional basis, how they can constrain Trump's mass deportation efforts, and how Trump can try to get around them.
What To Do If Border Police Ask To Search Your Phone
Know how much the law does—and doesn’t—protect your privacy rights.
The Dred Scott Challenge or: Why Constitutional Law is Not a Game
Evan Bernick's fourth in a series of guest-blogging posts on birthright citizenship.
The Alien Enemies Act Is an Unconstitutional Affront to Civil Liberties
Like with the Japanese internment during World War II, the current move to deport alleged alien criminals is driven by hysteria.
The Domicile Dead-End
Evan Bernick's third in a series of guest-blogging posts on birthright citizenship.
Joe Rogan Is Right: It Is 'Kind of Crazy' To Deport Innocent People Mistakenly Identified As Gang Members
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
Batya Ungar-Sargon: The Case for MAGA Leftism
The author and columnist joins the show to discuss immigration, deportations, and being a "MAGA leftist."
Innocent Father or MS-13 Gang Member?
Plus: Taibbi takes on the Truth Czar, a wild tale about Ayn Rand's estate, and more...
ICE Denies Reason Access to Immigration Court In Miami Detention Center
"It appears that access to this court was improperly denied," an attorney for the Reporters Committee for Freedom of the Press says.
Deported for Innocent Tattoos?
People are allegedly being classified as gang members for tattoos of crowns, clocks, and soccer logos.
Lash's Last Stand
Evan Bernick's second in a series of guest-blogging posts: Part II of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.
Trump's Use of the Alien Enemies Act Violates Madison's View of Presidential Power
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
Cheap Stuff Is a Huge Part of the American Dream
Plus: Polyamorous cannabis regulators (and a corruption scandal), deportation misses, and more...
Defending Student Deportations, Marco Rubio Equates Writing an Anti-Israel Op-Ed With Starting a Riot
The detention of Tufts graduate student Rumeysa Ozturk illustrates the startling breadth of the authority the secretary of state is invoking.
