Don’t Forget Congress When Assigning Blame: Thoughts on Trump v. Hawaii
In the aftermath of the Supreme Court's decision in Trump v. Hawaii, the travel ban or Muslim ban case, it is unfortunately necessary to...
Immigration
The Travel Ban Arguments and the President’s Words
Coming out of Wednesday’s arguments in Trump v. Hawaii, the dominant view—see, for example, here, here, and here—was that the federal government was likely...
The Overlooked Legal Challenge to Trump’s Travel Ban
The third version of the Travel Ban (“EO-3”)—also known as the Muslim Ban—added two non-Muslim countries to the list, but that by no means...
Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity?
Today, the Supreme Court decided Sessions v. Dimaya and struck down the federal definition of “crime of violence” as unconstitutionally vague. The statute, section...
Garza v. Hargan
En Banc D.C. Circuit Upholds Order Requiring HHS to Allow an Undocumented Minor to Have an Abortion.
Vol. 131 No. 6
American Courts and the U.N. High Commissioner for Refugees: A Need for Harmony in the Face of a Refugee Crisis
Vol. 131 No. 5
Introduction The international refugee regime is one of the most frequently applied bodies of international law in domestic settings worldwide. The 1951 Convention Relating...
Immigration Enforcement Under Trump: A Loose Cannon
The Trump administration’s immigration enforcement policy is a loose cannon, targeting noncitizens who have long been protected under prosecutorial discretion. The President has unleashed...
Unsettling History
Vol. 131 No. 4
At the time she set out to write City of Inmates, Professor Kelly Lytle Hernández wanted to tell the story of the “long rise...
Municipal Suffrage, Sanctuary Cities, and the Contested Meaning of Citizenship
In November 2016, the city of San Francisco enacted a ballot initiative that was somewhat overshadowed by other election results. It permitted noncitizens with...
Lunn v. Commonwealth
Massachusetts Supreme Judicial Court Holds that Local Law Enforcement Lacks Authority to Detain Pursuant to ICE Detainers.
Vol. 131 No. 2