Enforcement Policy

President Trump has mandated an extraordinarily aggressive and harsh immigration enforcement policy.

Versus Trump: Kavanaugh's Coming, Plus Updates

7/12/18  //  Uncategorized

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Religious Animus or Reality?

7/2/18  //  Commentary

In a recent case, the Court suggested that calling out an attempt to use religion to justify harming others was evidence of animus. That’s wrong.

Leah Litman

U.C. Irvine School of Law

Abigail DeHart

Michigan Law School

The Travel Ban and Inter-Branch Conflict

6/26/18  //  Commentary

The real problem is the Trump Administration itself. What feels like damage today is largely the echo of damage that already happened, rather than something new.

Richard Primus

University of Michigan Law School

The Future Of Constitutional Discrimination Law After Hawai’i v. Trump

6/26/18  //  Commentary

The future of discrimination law is secure, in short—and securely shut to minority races, ethnicities, and creeds suffering at the hands of a populist majority.

Aziz Huq

University of Chicago Law School

That Bible Parable About The Plague of Tort Attorneys Who Sued The Border Patrol, ICE Officers, and DHS Bureaucrats

6/19/18  //  Commentary

Calling all the ambulance chasers to address this administration's mistreatment of migrants.

Kari Hong

Boston College Law School

Versus Trump Live: Fairweather Federalism?

6/14/18  //  Commentary

On this week's special live episode of Versus Trump, Easha, Charlie, and Jason share the stage at the ACS National Convention in Washington, DC with Maryland Attorney General Brian Frosh and Stanford Law's Pamela Karlan. They discussed several important cases brought by states against the Trump Administration as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

President Trump offered a proposal that would offer legal status for the Dreamers in exchange for a border wall and increased regulation of immigration. The Trump administration has significantly increased regulation of immigration, in contrast with its anti-regulatory policies in other fields.

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

Bipartisan negotiations over an agreement to address "Dreamers" is imperiled after President Trump makes disparaging remarks about Haitians and Africans. The Trump Administration announces plans to end Temporary Protected Status for approximately 200,000 Salvadorans living in the U.S.

Zachary Piaker

Columbia Law School

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

A deal on the "Dreamers" may be less likely after an announcement from President Trump.

Jeffrey Stein

Columbia Law School

Updates | The Week of November 20, 2017

11/26/17  //  Daily Update

The Trump Administration announced plans to implement an "extreme vetting initiative" and to eliminate temporary protected status for many Haitian immigrants. Critics argue border patrol checkpoints are ineffective, but many of the administration's goals are as easily accomplished by recent policy changes.

Update | Week of October 30, 2017

11/6/17  //  Daily Update

New lawsuits challenge the Trump Administrations' deportation proceedings. President Trump seeks legislative changes to the immigration system. More immigration judges are needed to handle the caseload.

Zachary Piaker

Columbia Law School

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

The en banc D.C. Circuit ruled that the federal government must permit an undocumented teen in custody to access abortion care. The status of the proposed border wall remains unclear.

Forced Separation Of Families & Forced To-Term Pregnancies

6/7/18  //  Commentary

The administration’s policy of forcibly separating children from their parents highlights some of the shortcomings with the legal justifications for the administration’s position in Azar v. Garza, the case in which the administration is refusing to allow undocumented women in its custody to obtain abortions.

Leah Litman

U.C. Irvine School of Law

An Unconstitutional Threat to Sanctuary Cities

3/21/17  //  Commentary

DOJ argues that courts can't hear challenges to Trump's executive order threatening to punish sanctuary cities. Its arguments are wrong and prove that Trump's policy is illegal.

Nikolas Bowie

Harvard Law School

Immigration Sins Of The Past & The Forced Separation Of Families

6/4/18  //  Commentary

The Trump administration's apparent policy of separating children from their parents when families cross the border together highlight some of the abuses and excesses of our immigration system.

Leah Litman

U.C. Irvine School of Law

Defending The Dream

9/19/17  //  Commentary

Some new legal challenges were filed to the Trump administration's planned winding down of DACA.

Leah Litman

U.C. Irvine School of Law

The Under-Inclusive Theory Of Discrimination (It's Not Going To Happen)

5/8/17  //  In-Depth Analysis

The Trump administration has repeatedly (and incorrectly) argued that a policy does not constitute discrimination unless the policy discriminates against all members of a particular group.

Leah Litman

U.C. Irvine School of Law

A Powerful Statement by the California Chief Justice

3/20/17  //  Quick Reactions

In urging the Attorney General to cease using state courthouses as bait for undocumented migrants, the California Chief Justice displayed admirable bravery and commitment to the rule of law.

Laurence H. Tribe

Harvard Law School

Versus Trump: DACA's Back!

1/18/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Why Not All Crimes by Immigrants Should Lead to Deportation

6/23/17  //  Commentary

Thoughts on criminality, immigration, and justice from Professor Chelsey Kivland of Dartmouth College.

Take Care

Fact-Checking Some Gaslighting On DACA

1/22/18  //  Quick Reactions

Some of the administration’s gaslighting is relatively low stakes. Its gaslighting about DACA is not.

Leah Litman

U.C. Irvine School of Law

Killing The Dream

9/5/17  //  In-Depth Analysis

Donald Trump's apparent reasons for (apparently) rescinding DACA make little sense.

Leah Litman

U.C. Irvine School of Law

An Update on DACA

3/31/17  //  Latest Developments

The President's words indicate he is open to honoring DACA (the Deferred Action for Childhood Arrivals program). But his actions (and inactions) suggest otherwise.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Keeping the DREAM Alive

9/14/17  //  Commentary

On this week’s episode of Versus Trump, we discuss a major new lawsuit that challenges President Trump's announced revocation of the DACA immigration program. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: 2017 Scorecard

1/4/18  //  Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

We’ve Been (Unconstitutionally) Separating Children From Their Immigrant Parents For A While Now

6/20/18  //  In-Depth Analysis

By Carolyn Shapiro & Joanna Martin: Separating parents from their children without regard for the children’s rights and interests is unconstitutional

Take Care

Limiting Citizenship Inequality

6/23/17  //  Quick Reactions

Yesterday, the Supreme Court wisely rejected a position that would have furthered President Trump's interest in reinforcing the hierarchy between immigrants and “real” Americans.

Bijal Shah

Sandra Day O’Connor College of Law

The First Amendment and Soliciting Crimes of Migration

11/2/17  //  In-Depth Analysis

By Daniel I Morales: Can the federal government make it a crime to encourage or induce a noncitizen to illegally enter or reside in the United States?

Take Care

Jeff Sessions's Latest Asylum Atrocity

6/18/18  //  Commentary

Coretta Scott King was right. Jeff Sessions is a horrible man to be Attorney General.

Leah Litman

U.C. Irvine School of Law

Abigail DeHart

Michigan Law School

We Need Less, Not More Border Security

11/7/17  //  In-Depth Analysis

By Kari E. Hong: We do not need more security. We need less of it, and a substantial reduction at that.

Take Care

Trump And His Administration Are A Nightmare For The Dreamers

5/4/17  //  Commentary

ICE Continues To Undermine DACA Despite Trump’s Protestations To the Contrary

Leah Litman

U.C. Irvine School of Law

Versus Trump Emergency Pod: JD v. DHS

10/26/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie have a quick turn-around emergency pod to discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The Arpaio Pardon Through the Lens of Trump Exceptionalism

8/26/17  //  Commentary

This pardon by this most abnormal president threatens the rule of law

Michael C. Dorf

Cornell Law School

The Highest Court in Massachusetts Declares the Commonwealth a Sanctuary State

7/24/17  //  Commentary

A landmark opinion turns Massachusetts into a sanctuary state, setting up a legal and political battle with DOJ.

Nikolas Bowie

Harvard Law School

Domestic Adherence to the Gender Binary

7/7/17  //  Quick Reactions

Three former Surgeons General have called for an end to involuntary medical procedures on intersex babies and children. U.S. immigration law sheds light on why this is such an important development.

Bijal Shah

Sandra Day O’Connor College of Law

When Due Process Reliance Defenses May Bar Enforcement

3/24/17  //  Commentary

In limited but vital ways, those who relied on Obama-era immigration and marijuana non-enforcement policies should be protected against sudden shifts in federal policy under President Trump.

Zachary Price

U.C. Hastings College of the Law

Law and Farce: The Forced Separation of Families

6/5/18  //  In-Depth Analysis

DOJ’s view is, apparently, that the law requires DHS to separate children from parents when families cross the border together. This post highlights some of the reasons why that's wrong.

Leah Litman

U.C. Irvine School of Law

A Texan Attack on Sanctuary Cities

5/4/17  //  Commentary

Sanctuary cities now face another threat much closer to home: their own state governments. And it will come as no surprise that the Lone Star State has led the way in seeking to shut down local efforts at protecting the dignity of undocumented migrants.

Laurence H. Tribe

Harvard Law School

Why Enjoining DACA’s Cancellation Is Wrong

1/12/18  //  Commentary

This decision, however attractive as a matter of policy, strikes me as mistaken under the law. It warrants swift reversal by higher courts.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Trump Versus California

4/26/18  //  Commentary

On a new episode of Versus Trump, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuit seeks to prevent the state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Versus Trump: Russia Check-In

3/1/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: Is There A Freedom To Say Goodbye?

2/1/18  //  Commentary

On a new episode of Versus Trump, Charlie and Jason discuss an unexpected recent opinion that held that Ravi Ragbir, an immigration activist and alien subject to deportation, had the "freedom to say goodbye" before he could be removed from this country. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Jennings v. Rodriguez, Immigration Sins Of the Past, And The Forced Separation Of Families

6/6/18  //  Commentary

Jennings v. Rodriguez underscores how prior administrations, with the agreement of the federal courts, argued for expansive authority over immigration and immigration detentions that were ripe for abuse.

Leah Litman

U.C. Irvine School of Law

A Primer on the DACA Rescission

10/5/17  //  In-Depth Analysis

Here we address confusions and misconceptions about what DACA is (or was), and what will happen next; about the effects of DHS’s “rescission, and what the legal basis might be for that rescission; about what happens during the so-called six-month “window”; about the prospects that Trump might reverse course in March; and about the current litigation challenging DHS’s rescission.

Marty Lederman

Georgetown Law

Cristina Rodríguez

Yale Law School

Adam Cox

NYU Law School

Trump Is Responsible For What ICE Is Doing To the Dreamers

5/5/17  //  Commentary

Basic principles of constitutional structure mean Trump is, and should be held, personally responsible for ICE’s egregious treatment of the DREAM-ers.

Leah Litman

U.C. Irvine School of Law

Trump's (Apparent) DACA Position Is At Odds With His Travel Ban Brief

9/4/17  //  Commentary

The Trump administration will invoke whatever views of statutes and executive power maximize cruelty towards the foreign nationals he and his supporters most despise.

Michael C. Dorf

Cornell Law School

Versus Trump: Borderline Searches + Response To First Mondays

11/16/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's electronic devices at the U.S. border, and they also respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Reliance Defenses in the Trump Era and Beyond

3/23/17  //  Commentary

The transition to President Trump has massively shifted federal enforcement priorities. Does the Constitution protect people who relied on Obama's immigration, healthcare, or marijuana policies?

Zachary Price

U.C. Hastings College of the Law

The Perils of National Security Exceptionalism

4/23/18  //  Commentary

Whatever side the Court takes in the travel ban litigation, it should renounce national security exceptionalism

Ingrid Brunk Wuerth

Vanderbilt Law School

Ganesh Sitaraman

Vanderbilt Law School

Versus Trump: An Immigration Omnibus

5/31/18  //  Uncategorized

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss recent important cases in the world of immigration, including a new lawsuit contending that the Trump Administration may not pursue its apparent policy of legally separating immigrant children from adults that they enter the country with. Listen now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

More Attacks on Immigrants’ Due Process Rights

6/12/17  //  Commentary

The Trump Administration’s expansion of deportation efforts has occurred alongside systematic efforts to strip people caught in the enforcement web of their right to due process.

Jennifer Chacón

U.C. Irvine School of Law

Arizona’s Problems with Immigration Federalism

8/4/17  //  Quick Reactions

State officials are seeking out ways to intensify federal efforts to enforce immigration law, but they are thereby intensifying larger problems plaguing our national immigration system

Bijal Shah

Sandra Day O’Connor College of Law

Information Wars Part I: The Challenge To The Census

4/13/17  //  Commentary

The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.

Leah Litman

U.C. Irvine School of Law

Helen Klein Murillo

Harvard Law School '17

A Deportation That "Diminishes Not Only Our Country But Our Courts"

5/31/17  //  Quick Reactions

An extraordinary concurrence by Judge Reinhardt of the Ninth Circuit condemns inhumanity and injustice in our immigration system.

Joshua Matz

Publisher

California v. DOJ on Immigration Enforcement

4/11/17  //  Commentary

An exchange of letters between the California Chief Justice and Attorney General Sessions offers valuable lessons for states considering immigrant protective policies that respect human rights and dignity (but might annoy the Trump Administration).

Jennifer Chacón

U.C. Irvine School of Law

Trump's Mistaken Signing Statement on Marijuana Enforcement

5/16/17  //  Commentary

Trump suggested in a recent signing statement that he could disregard an appropriations restriction on federal marijuana enforcement. But Trump is mistaken.

Zachary Price

U.C. Hastings College of the Law

Trump's Immigration Policy & The Cross-Border Shooting Case

3/30/17  //  Commentary

President Trump's immigration enforcement policy has massively raised the stakes in Hernandez v. Mesa, where the Supreme Court is considering a cross-border shooting by a U.S. agent.

Leah Litman

U.C. Irvine School of Law

The Diversity Lottery and the Lottery of Birth

11/8/17  //  Commentary

An immigration lottery has symbolic value. It symbolizes the role that luck plays in all our lives, including with respect to citizenship.

Michael C. Dorf

Cornell Law School

A Case To Watch: Garza v. Hargan

10/19/17  //  Quick Reactions

One facet of the government's position in Garza v. Hargan got a laugh at the Supreme Court when the government raised it in another case.

Leah Litman

U.C. Irvine School of Law

A Reprieve for Texas’s Sanctuary Cities

8/31/17  //  Commentary

Cities need to be recognized as constitutional actors in their own right, worthy of protection and capable of self-determination.

Richard C. Schragger

UVA School of Law

Vagueness in 'Aggravated Felony'

6/30/17  //  Quick Reactions

It is the federal government’s responsibility to define immigration violations—and in particular, aggravated felonies—precisely.

Bijal Shah

Sandra Day O’Connor College of Law

Those Who Do Not Know History

4/12/17  //  Commentary

On the first full day of Passover, the Trump Administration offered several lessons about institutionalized racism and ethnic cleansing.

Leah Litman

U.C. Irvine School of Law

Joshua Matz

Publisher

Reinvigorating Civil Rights in the Era of Trump

4/13/17  //  Commentary

Given the nativist overtones of his campaign and his administration’s signature policies — from the Muslim ban to an immigration crackdown that equates being a foreign-born minority with criminality — Trump has exploded the fiction that we live in a post-racial society.

Chiraag Bains

Harvard Law School

In A Major Immigration Case, The Government Says “We’re Going Big, So Go Home”

10/2/17  //  In-Depth Analysis

The government is arguing it can deprive noncitizens of their legal rights simply by making it too difficult and painful to vindicate those rights.

Leah Litman

U.C. Irvine School of Law

Desuetude and Immigration Enforcement

3/16/17  //  Commentary

It's time to force Congress back into the conversation about immigration enforcement. Here's how.

Jamal Greene

Columbia Law School

Versus Trump: California Versus The Wall [UPDATED WITH EPISODE]

3/8/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss a recent district court opinion that rejected California's challenge to the Trump Administration's expedited border wall projects in California. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

President Trump placed the border wall at the center of Congressional budget debates. The administration has also dramatically increased the number of immigrants in ICE custody and in removal proceedings.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

This week, reports emerged that ICE is targeting sanctuary cities with increased enforcement operations. This, and other Trump Administration immigration policies, has an immediate harm on immigrants nationwide. ICE has also been brought to court for allegedly unconstitutional searches at the border.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

The White House announced it will cap the number of refugees admitted in the next fiscal year at 45,000. The administration circulated several new hardline enforcement proposals, including a dramatic increase in the number of enforcement agents.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

The House Homeland Security Committee voted to advance a bill authorizing $10 billion to construct a border wall. The Supreme Court heard re-argument in Jennings v. Rodriguez.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

As Trump Administration immigration enforcement cracks down, fear among immigrant communities is up, as is push back from state judges to protect their courthouses.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

DHS is arresting immigrants at local courthouses. President Trump's proposed wall is no longer looking like a certainty.

Take Care

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

The Trump Administration continues to crack down on undocumented immigrants. Advocates have fought back by pointing to backed up immigration courts and expense estimates of the border wall.

Take Care

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, Attorney General Jeff Sessions announced the "Trump Era," heralding increased enforcement of immigration offenses. On Take Care, Jennifer Chacón argued that states can innovate effectively to protect human rights in the face of problematic ICE arrests. Also on Take Care, Joshua Matz and Leah Litman argue that Sean Spicer's deplorable remarks about the Holocaust must be seen in the context of Trump Administration policies on Syria and immigration.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

Judge Stephen Reinhardt sharply criticizes the Trump Administration's aggressive enforcement policies, and the Administration pressures immigration attorneys to stop providing representation in certain deportation proceedings.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

The Administration is rejecting Congress's attempts to intervene in immigration enforcement. Controversy continues over ICE's treatment of DREAMers and immigrants at state courthouses. And reports suggest President Trump's enforcement policies may be having unintended consequences.

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

The administration expanded the H-2B visa program for low-skilled, seasonal workers. A group of former diplomats and national security advisers urged President Trump to keep the Bureau of Population, Refugees, and Migration within the State Department.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

The Trump administration continued increasing enforcement of immigration policies.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

The Administration announces it will not immediately halt DACA, but will deport DACA recipients' parents.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

The President suggested he might pardon controversial former Arizona Sheriff Joe Arpaio. Commentary continues on the proposed RAISE Act.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

President Trump announced his support for the controversial RAISE Act. The leaked transcript of a January call revealed that President Trump told Mexican President Enrique Peña Nieto to stop contradicting him on the border wall.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

As Trump Administration immigration enforcement cracks down, fear among immigrant communities is up, as is push back from state judges to protect their courthouses.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

President Trump abandoned his demand for border wall funding, he told DREAMers they may "rest easy," and the Supreme Court expressed skepticism over the Administration's position on when citizenship may be revoked.

Updates | The Week of October 16

10/21/17  //  Daily Update

Immigration and Customs Enforcement (ICE) will crack down on employers who hire undocumented immigrants. DOJ may implement quotas to evaluate the performances of immigration judges. Like many of his predecessors, President Trump has found immigration issues more difficult than he imagined they would be.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

President Trump's anti-immigration rhetoric has harmed American Muslims and mothers and children fleeing gender-based violence.

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

The Administration's enforcement policies are putting a strain on the court system. A Ninth Circuit panel ruled in that undocumented children detained by federal authorities are entitled to a hearing to challenge their detainment.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

The administration issued a ban on travel to North Korea. A federal court issued a preliminary injunction against the deportation of Iraqi immigrants.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

The Administration moves to reopen hundreds of cases of undocumented individuals who received reprieves from the Obama Administration, and the Administration seeks to rescind DAPA.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

The Trump Administration is attempting to limit immigration opportunities for students, business owners, and refugees. Obama-era protections may be under attack and it is unclear whether the DOJ will defend them.