Department of Homeland Security

Last week, the Department of Homeland Security (DHS) issued its final rule on custody of two groups of noncitizen children, establishing different procedures for the treatment of children accompanied by at least one parent at the border prior to arrest and “unaccompanied alien children” (UACs) who crossed the border and were arrested without a parent.

The last time I wrote about the Trump administration’s abuse of the Federal Vacancies Reform Act (FVRA) of 1998, I opened with Yogi Berra’s famous quip that “it’s like déjà vu all over again

Recently, Lawfare published a compelling article by leading former national security officials on the similarities between international terrorism and domestic terrorism, and the problems caused when governments seek to draw an overly rigid distinction between the two.

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.