Amy Coney Barrett's "Suspension and Delegation" Revisited
One of the justices wrote extensively about when and whether the writ of habeas corpus may be suspended.
Immigration
Trump's Tariffs and Immigration Policies Destroy Thousands of Acres of Tomato Crops in Florida
“Between the cost of labor and the inputs that goes in, it’s more cost-effective for farmers” to plow over ripe tomatoes, said one expert.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
Newark Mayor Arrested for ICE 'Trespassing'
Plus: Air traffic controller issues, tariff deal between U.S. and China, "murder insurance," and more...
Court Orders Release of Tufts Foreign Student Detained For Her Speech
The ruling is a victory for the proposition that the First Amendment applies to immigration and visa restrictions.
White House May Try to Suspend the Writ of Habeas Corpus in Order to Facilitate Deportation of Migrants
I have long warned of this dangerous implication of the argument that illegal migration qualifies as "invasion."
Do These Libertarians Regret Voting for Donald Trump?
Three libertarians—Dave Smith, J.D. Tuccille, and Liz Wolfe—revisit their reluctant votes for Trump, weighing the promises, chaos, and consequences of his second term so far.
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.
Pope Leo XIV and Immigration
The first American pope has a history of advocating for migrants' rights.
Trump's New Budget Is Another Blueprint for Big Spending
We don't need more of the same. We need evidence of a serious turnaround.
Colorado Federal District Court Issues Additional Alien Enemies Act Ruling Against Trump
The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.
California Sex Trafficking Fight Erupts Over Punishment for Soliciting Minors
Democrats did the right thing, got attacked for it, then caved.
India vs. Pakistan (and China)
Plus: Conclave time, land acknowledgements, deporting to Libya, and more...
Trump Administration Makes Damaging Admissions on Alien Enemies Act and Deportations
Trump admits he could return migrant illegally deported to El Salvador. And an intelligence community report concludes the Tren de Aragua drug gang isn't controlled by the Venezuelan government.
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."
Bernick v. Wurman on Birthright Citizenship and the 14th Amendment
An important (and importantly civil) debate on birthright citizenship.
Yet Another Federal Court Rules Against Trump in an Alien Enemies Act Case
The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."
Intelligence Agencies Undermining Trump's Claims
Plus: Deporting the worst of the worst, Bessent tries to promote the Trump economic agenda, and more...
'Federal Courts Have No Role To Play,' Trump Tells SCOTUS in Latest Deportation Case Filing
The Trump administration is desperate to avoid judicial review.
The Trump Administration Is Using Tattoos, Logos, and Clothes To Identify Supposed Gang Members
ICE deported Andry Hernandez Romero because his "mom" and "dad" tattoos were allegedly related to a Venezuelan gang.
Alien Enemies No More
Plus: Depriving the children of toys, a curbside rat feast, China wants to talk, and more...
Immigrants and Radicals Have the Same Free Speech Rights as Everyone Else
Campus protests against Israel have revived debates over the limits of First Amendment protections.
Federal Judge Rules Trump's Alien Enemies Act Proclamation Is Unlawful
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
Trump's Tattoo Fantasy Raises the Question: If He Were Senile, How Would We Know?
The president's bizarre insistence that Kilmar Abrego Garcia "had MS-13 tattooed" on "his knuckles" makes him seem like a confused old man.
Federal Court Issues Two Important Rulings Against Trump in Alien Enemies Act Case
Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.
Cato/FIRE Amicus Brief Against Speech-Based Deportations of Foreign Students
The brief gives a good explanation of why such actions violate the First Amendment.
Court Frees Palestinian Student Arrested by ICE at His U.S. Citizenship Hearing
A U.S. district judge called Mohsen Mahdawi’s detention a “great harm to a person who has been charged with no crime.”
Rumeysa Ozturk's Op-Ed Is Still the Only Public Justification for Her Arrest
"It is unthinkable that a person in a free society could be snatched from the street, imprisoned, and threatened with deportation for expressing an opinion the government dislikes," says FIRE.
Why the FBI Arrested Judge Hannah Dugan
The Wisconsin judge is charged with obstruction of justice and concealing an undocumented alien to prevent his arrest.
The Worst Parts of Trump's First 100 Days Involved Ignoring Libertarian Principles
Trade and immigration are areas where Trump operates most like a criminal autocrat.
100 Days of Trump
Plus: "Calm corners" in the subway system, mysterious 18-hour power outage, and more...
New York Times Symposium on "A Road Map of Trump's Lawless Presidency"
I was one of 35 legal scholars who took part.
Trump Administration Admits ICE Arrested Mahmoud Khalil Without a Warrant
The administration's lawyers claim that this was justified by Khalil's likelihood of escape.
Deporting the Cancer Kid
Plus: Pell Grant fraud, New York mayoral candidate defaulting on student loans, and more...
More Evidence that Immigrants - Including Illegal Ones - Have Much Lower Crime Rates than Natives
A new Cato Institute study further refutes claims that illegal migration is somehow causing a crime wave.
Trump Administration Restores Thousands of Terminated Foreign Student Visa Records
Earlier this month, 4,700 foreign students were at risk of detainment after ICE inexplicably terminated their visa records.
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."
KQED Interview on Legal Challenges to Trump's Immigration and Tariff Policies
We also covered the issue of the administration's failure to properly obey court orders and the looming threat of a "constitutional crisis."
As the Economy Tumbles, so Does Trump's Approval Rate
There isn't much public enthusiasm for the president's chaotic style.
ICE Is Trying To Deport a Harvard Medical School Researcher Over Frog Embryos
An immigration judge found the official document initiating Kseniia Petrova’s deportation to be legally deficient. She remains in detention, unable to further her cancer research.
Does Legalizing Sex Work Increase Human Trafficking?
A go-to study for advocates of restricting sex work used a flawed economic model and abysmal data.
The Accountant 2 Is a Shaggy, Silly Bro-Hangout Movie
More murder, less math, in Ben Affleck's odd but amiable sequel.
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.
Judge Says Trump Must Provide 'Notice of a Right To Seek Judicial Review' to Alien Enemies Act Deportees
A federal judge in Colorado rules against the Trump administration.
