Enforcement Policy

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

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.

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

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

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.

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

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

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

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

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 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 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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 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 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 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.