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.
Immigration
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.
88 Problems for Kurt Lash
Evan Bernick's first in a series of guest-blogging post: Part I of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.
Evan Bernick, Guest-Blogging About Birthright Citizenship
Bernick is a leading academic expert on the Fourteenth Amendment.
Universities Should Challenge Trump's Speech-Based Deportations of Students in Court [Updated]
A lawsuit brought by universities could potentially be much more effective than leaving individual students to fend for themselves.
Lee Kovarsky on the Venue Issue in the Alien Enemies Act Case
A leading expert on habeas corpus explains why the Trump Administration is wrong to claim the case must be heard in Texas, rather than Washington, DC.
Marco Rubio Says He's Revoked 300 Student Visas Over Campus Activism
"We're looking every day for these lunatics that are tearing things up," Rubio said in a Thursday press conference.
Michael Ramsey's "The Originalist Case Against the Insular Cases"
An important new article explains why the Supreme Court's precedents denying many constitutional rights to residents of America's overseas territories are wrong.
Ghiblifying the Fent Trafficker Deportation
Plus: New York state cut off from federal funding, Phil Magness on tariffs for JAQ, and more...
Kristi Noem Uses El Salvador's Nightmarish Megaprison To Create Content
The Homeland Security secretary's use of El Salvador's largest prison for propaganda is unethical and an endorsement of an autocratic justice system.
What Trump Should Learn From the Impeachment of Justice Samuel Chase
Trump wants to purge the federal bench of judges who disagree with him. Thomas Jefferson did too, and it didn't work out.
DC Circuit Upholds District Court Order Blocking Deportations Under The Alien Enemies Act
The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.
These States Are Moving in the Wrong Direction on Prostitution Laws
Twelve states are considering harsher punishments for soliciting sex.
Federal Court Rules Migrants Have Right to Hearing to Challenge Alien Enemies Act Deportations
Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.
Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt
An unconstitutional act is still unconstitutional even if lots of people support it.
