Immigration

Latest in Immigration

Executive Power

Take More Care: Did the President Tell Subordinates to Violate the Law?

On April 5, President Trump met with officials from the Department of Homeland Security at a U.S. Border Patrol station in Calexico, California. According to CNN, the president told Border Patrol agents that they should disobey court orders and turn back asylum seekers at the border.

Immigration

A Case Study in the Outsourcing of U.S. Border Control

Over the past year, the Trump administration has put forth an array of measures to deter immigration to the United States, including separating families, enacting a zero-tolerance stance toward irregular crossings, and—most recently—requiring asylum seekers to remain in Mexico while awaiting their asylum claim decisions. Despite these efforts, in February 2019, apprehension numbers from the United States’s southern border hit their highest levels in 10 years.

Documents

Document: Judge Halts Trump's 'Remain in Mexico' Policy

On Monday, Judge Richard Seeborg of the U.S. District Court for the Northern District of California granted a preliminary injuction of the Trump administration's Migrant Protection Protocols requiring non-Mexican migrants seeking asylum in the U.S. to be deported to Mexico while their request is processed. The injuction, issued in Innovation Law Lab et al, v. Nielsen, is scheduled to take effect on Friday, Apr. 12. The order is available in full here and below.

Immigration

Documents: Government Motions to Dismiss Border Emergency Lawsuits

On Tuesday, the Trump administration filed motions to dismiss in two lawsuits challenging President Trump’s use of a national emergency declaration to build a wall on the U.S.-Mexico border. The suits, Center for Biological Diversity v. Trump and Alvarez v. Trump, were filed in the U.S. District Court for the District of Columbia immediately following Trump’s Feb. 15 emergency declaration. The government motions to dismiss in both cases are available in full below.

U.S. Supreme Court

Supreme Court Reinforces Mandatory Detention of Immigrants

The Supreme Court’s March 19 decision on in Nielsen v. Preap rejected challenges to mandatory detention of certain noncitizens—“aliens” under the Immigration and Nationality Act (INA). Generally speaking, mandatory immigration detention is an exception to the rule that confinement requires an individualized showing of flight risk or dangerousness.

Immigration

Document: Pentagon Provides List of Projects Potentially Delayed for Border Wall Funding

On Monday, the office of Sen. Jack Reed (D-R.I.) released a fact sheet provided by the Department of Defense listing all potential military projects from which funding could be diverted, pursuant to the military construction authorities outlined in President Trump's national emergency declaration, to build a wall on the U.S.-Mexico border. The fact sheet is available here and below.

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