Immigration and Nationality Act

Latest in Immigration and Nationality Act

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.


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.


The Temporary Restraining Order Against Trump’s Asylum Ban: Statutory Structure and Agency Discretion

Judge Jon S. Tigar of the U.S. District Court for the Northern District of California issued a nationwide temporary restraining order (TRO) on Monday of the Department of Homeland Security’s interim final rule implementing President Trump’s recent asylum proclamation.


Document: Amended Rule and Presidential Proclamation on Asylum at the Southern Border

On Thursday, the Departments of Justice and Homeland Security announced an amendment to the rules governing asylum requests rendering ineligible for asylum those who attempt to enter the United States in violation of an order issued under Section 212(f) or 215(a)(1) of the Immigration and Nationality Act. Those statutes give the president certain authorities to restrict the entry of aliens to the United States.

Travel Ban

Travel Ban 3.0: Maryland District Court Orders Preliminary Injunction

On Oct. 17, 2017, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland issued an opinion and an order enjoining the implementation of President Trump’s latest travel ban. This round of litigation concerns Presidential Proclamation 9645, issued on Sept.

Executive Power

Does the President’s Immigration Order Violate the Rule Against Ideological Exclusion?

Long before Guantanamo Bay became infamous for its role in post-9/11 America, the naval base was at the center of a different national security fight. During the early 1990s, Guantanamo housed thousands of Haitian refugees in a tent city on an abandoned runway where the military commission complex now stands. They fled Haiti following a military coup, but President George H. W. Bush instructed the Coast Guard to interdict them at sea before they could reach American soil and apply for asylum.

Donald Trump

Trump's Executive Order on Immigration: A Summary

This afternoon, the Trump administration released the text of a new executive order concerning “Border Security and Immigration Enforcement Improvements.” The stated purpose of the order is to improve national security policy and public safety measures by “direct[ing] executive departments and agencies [] to deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States and to repatriate i


Subscribe to Lawfare