Peter Margulies

Peter Margulies is a professor at Roger Williams University School of Law, where he teaches Immigration Law, National Security Law and Professional Responsibility. He is the author of Law’s Detour: Justice Displaced in the Bush Administration (New York: NYU Press, 2010).

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New Asylum Limits: A Balancing Act for the Homeland Security Secretary

President Trump continued his push for new restrictions on asylum seekers with his April 29 memorandum to the Department of Homeland Security (DHS) and the Justice Department. In the memo, Trump directed DHS to issue regulations that would bar work permits for asylum seekers who enter the United States unlawfully and—for the first time—charge a fee for applying for asylum.

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.


Framing Israel: The U.N. Commission of Inquiry on the Spring 2018 Gaza Border Confrontations

Politicians, trial lawyers and drafters of reports learn early on that framing an argument is central to the task of persuasion. And so it goes for the report by the U.N. Human Rights Council’s Commission of Inquiry (COI) on the border confrontation that occurred last spring between Israeli Defense Forces (IDF) and the tens of thousands of Gaza residents who sought to force their way into Israel by breaching the security barrier.

Civil Liberties and Constitutional Rights

The Role of Deference in Adjudicating the Military Transgender Policy, DACA and the Census

On March 9, the U.S. Court of Appeals for the D.C. Circuit issued two concurring opinions in an earlier per curiam ruling that had vacated a district court injunction against the military’s restrictions on service of transgender persons. As Judge Robert Wilkins’s concurrence observed, neither the D.C.


Asylum Ban Litigation: Supreme Court Declines to Stay Injunction

In a brief order on Dec. 21, the Supreme Court denied the Trump administration’s request for a stay of the preliminary injunction against the asylum ban issued earlier this week by Judge Jon Tigar of the Northern District of California. The Supreme Court split 5-4, with Chief Justice John Roberts joining Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.


Litigation Over the Asylum Ban Continues: District Court Grants Preliminary Injunction

On Tuesday, Dec. 19, U.S. District Judge Jon Tigar of the Northern District of California granted a preliminary injunction against the new Department of Homeland Security (DHS) rule precluding asylum grants for persons who enter at undesignated border locations. The nationwide injunction supplants the temporary restraining order (TRO) that Judge Tigar entered in November. Earlier this month, the U.S.