ICE Is on a $45 Billion Building Spree. Can Small Towns Support These New Migrant Warehouses?
The government is selling the policy with the same arguments you’d expect for subsidized factories or sports stadiums.
Immigration
Judge Says DOJ and DHS Likely Coerced Tech Firms To Censor ICE-Tracking Platforms
The platform creators filed a lawsuit claiming their First Amendment rights were violated after the Trump administration convinced Apple and Facebook to remove their content.
San Jose's 'Creepy' and 'Deeply Intrusive' ALPR Camera System Is Unconstitutional, a New Lawsuit Says
The city has created a network of nearly 500 cameras that routinely monitor innocent people as they go about their daily lives.
ICE Is Determined To Unmask a Reddit User Whose Only Crime Seems To Be Criticizing ICE
After withdrawing a summons in the face of a legal challenge, the government is seeking a grand jury subpoena.
Did the Solicitor General Misrepresent Flournoy Article in Birthright Citizenship Oral Argument
It is often useful to consult the original source.
The Birthright Citizenship Question that Stumped the Solicitor General
It was surprising that the Solicitor General did not appear to have thought much about the extent of Congress' legislative power under Section 5.
What Does the New Right Believe?
From trade to migration to personal freedom, the conservatives of the global New Right hold a philosophy incompatible with individualism.
Trump's New Budget—Which Proposes $1.5 Trillion for Defense—Is Unserious. You Should Still Take It Seriously.
It would be easy to wave it away and move on. But that's how the U.S. got in such a dire fiscal situation.
Trump v. Second Amendment: The Administration Is Trying To Selectively Apply Gun Rights
Trump and his underlings seem less inclined to worry about the Second Amendment when it protects people outside the MAGA coalition.
Active Military Spouse Faces Removal Proceedings
The newlywed couple thought they were doing “everything the right way” by reporting to the base to start their lives together.
The Easiest Way to Resolve the Birthright Citizenship Case
The Administration's constitutional arguments are unconvincing, but rejecting them is not necessary to decide United States v. Barbara
As the Death Toll Rises in Trump's Immigration Crackdown, Support for ICE Shrinks
Deaths in ICE custody hit a 20-year high in 2025 and a majority now say the agency's actions make Americans less safe.
Birthright Citizenship as a Second-Best Policy
I oppose Trump's efforts to deny birthright citizenship to children of undocumented immigrants. But birthright citizenship is not the ideal policy.
Justice Department Drops 23,000 Cases To Make Room for Trump's Immigration Crackdown
The agency refused to prosecute alleged national security, labor, and white-collar crime while increasing immigration cases, a new report finds.
Birthright Citizenship, Noem Family Circus, and Project Hail Mary
A wide-ranging episode of Freed Up covering foreign policy, legal battles, internet stupidity, airport misery, and a few unexpectedly spirited culture debates.
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
Justice Barrett, Slavery, and Birthright Citizenship
Justice Barrett raised a crucial issue in today's birthright citizenship oral argument. Trump's Solicitor General gave an inaccurate response.
Slavery, Birthright Citizenship, and Today's Upcoming Supreme Court Oral Argument
The administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment.
On the Original Legal Meaning of "Subject to the Jurisdiction Thereof"
The allegiance reading has no basis in the historical usage of this language in American law
Unless People Support Me, Trump Habitually Warns, 'We Won't Have a Country Anymore'
The president's predictions of the nation's imminent demise reflect his narcissistic authoritarianism.
Seattle University "Dean's Luminaries in Law" Interview on Immigration, Invasion, the Tariff Case, and More
I was interviewed by Seattle University Law School of Law Dean Tony Varona and Prof. Andrew Siegeil.
Trump's Unconstitutional Attack on Birthright Citizenship Finally Reaches the Supreme Court
Understanding the stakes in Trump v. Barbara.
OneTaste Founder Nicole Daedone Gets 9-Year Prison Sentence
The government's case against two orgasmic meditation executives has been an affront to feminism, free speech, and freedom of conscience.
Additional Testimony Against the Proposed "Preserving a Sharia-Free America Act"
I submitted some additional testimony to a House subcommittee, in response to questions from Rep. Mary Gay Scanlon.
An Afghan Ally Was Arrested by ICE. Less Than 24 Hours Later, He Was Dead.
ICE responded to Mohommad Nazeer Paktyawal's death by portraying him as a criminal.
On Scholarly Engagement
Some thoughts on a Balkinization post on the birthright citizenship debate
ICE Insists Liberia Is the Only Place It Can Deport Kilmar Abrego Garcia
The administration insists it can only deport him to Africa. It's not clear why, other than to be vindictive.
Have an ICE Flight
Plus: Trump seems to back down from his Iranian ultimatum, Lindsey Graham is eager for another Iwo Jima, and more...
Markwayne Mullin Says Agents Don't Need a Warrant If They're Pursuing a Suspect. Here's What the Law Says.
“Officers don’t have the blanket authority to arrest anyone who runs from them,” says an attorney from the Institute for Justice.
Judges and Justices Should Be Independent, Trump Says, As Long As They Side With Him
The president says federal courts should not make decisions based on partisan considerations unless it benefits him.
My New Liberalism.Org Article on How "Immigration Restrictions Restrict Americans' Liberties"
Liberalism.Org is a new initiative established by the Institute for Humane Studies.
Andrew Kent on the Alien Enemies Act
His work further demonstrates that the AEA cannot be used in response to illegal migration or drug smuggling, but only when there is a military attack.
Project Hail Mary Is Another 'You Can Just Do Things' Story From Sci-Fi Novelist Andy Weir
A dazzling, ridiculously charming sci-fi adventure from the author of The Martian
DHS Pledges Not To Deport Any U.S. Citizens if Congress Ends Shutdown
In a letter to senators, the administration offered five concessions—two of which were simply that going forward, officers would follow the law.
Florida Sheriffs Say Mass Deportations Go Too Far, Call for Path to Citizenship
Polk County Sheriff Grady Judd and other Florida law enforcement leaders say they'd rather be focusing on immigrants who are committing crimes.
ICE Is Bringing Military Occupation and Recruitment Tactics to America
“We did this overseas, and it’s come home in every conceivable way.”
Yes, the First Amendment Protects Free Speech for Noncitizens
"Freedom of speech and of press is accorded aliens residing in this country," according to a 1945 Supreme Court ruling.
My New Lawfare Article on "Slavery and Birthright Citizenship"
The article explains how all the standard arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment.
Review: Have Aliens Visited Earth? This Documentary Says Yes.
The Age of Disclosure makes bold claims but is frustratingly thin on specifics.
DHS Is 'Upgrading' a Detention Facility Rife With Abuse Claims. It Should Close It Instead.
Federal officers at Camp East Montana have beaten people for requesting medicine and even placed bets on which detainee would attempt suicide next.
Minnesota's Fraud Scandal Isn't an Immigration Problem. It's a Spending Problem.
Health care fraud is an all-too-common feature of the U.S. health care system, not only in Minnesota.
Closing the Door to New Americans
The federal government slashed the annual cap of refugee intake to the United States by 94 percent last year.
Kristi Noem, Iran War Predictions, Playing Video Games
Robby Soave and Christian Britschgi say farewell to Kristi Noem before they move on to the war in Iran, "heritage Americans," and airplane etiquette.
Kristi Noem's Lies About DHS Shootings Don't Seem To Have Figured in Trump's Decision To Fire Her
The president himself portrayed Renée Good and Alex Pretti as would-be murderers, and he did not seem troubled by the homeland security secretary's slander of them.
Killing Drug Lords Won't End Mexico's Cartels. Ending the Drug War Might.
The death of El Mencho shows why decades of prohibition enforcement have only strengthened cartels.
Noem Out at DHS
Plus: Markwayne Mullin tapped, people will die, Lone Star beer comes to D.C., and more...
Department of Homeland Security
Trump Fires Kristi Noem From DHS
Even Republicans were sick of her reckless spending and habitual lies.
