As immigration cases continue to surge and President Biden seeks to craft an immigration policy, the standard of proof at bond hearings will remain a consequential issue.
Latest in Immigration
The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comprehensive explanation for ending the Migrant Protection Protocols.
Special Immigrant Visas for the United States’ Afghan Allies: Lessons Learned from Promises Kept and Broken
As Afghans rush to flee the country in the wake of the U.S. withdrawal, what tools can the U.S. government use to help them?
The ruling will not immediately affect current DACA recipients, but it will bar approval of new applications.
The United States is seeing a troubling rise in unaccompanied children crossing the U.S.-Mexico border. Resolving the problems at the border will require action from the Biden administration, Congress and the courts.
This guide describes the scope and context of Biden’s early immigration executive actions, outlines where their effect is limited, and emphasizes where more action is needed.
Initial litigation challenging the Biden administration’s immigration policy may have far-reaching implications for executive power, judicial power, federalism and administrative law.
The final iteration of the travel ban reflected data-driven assessments by the Department of Homeland Security, which worked to encourage deeper cooperation from other governments.
Lawfare is compiling a selection of executive actions taken by President Biden to implement his administration’s policies on immigration.
This page was last updated on Feb. 3, 2021.
The Office of the Inspector General for the Justice Department released a report detailing a number of failures surrounding the Justice Department's 2018 "Zero Tolerance" immigration policy. That policy was unveiled by then-Attorney General Jeff Sessions in a May 7, 2018 speech where he announced, "If you cross this border unlawfully, then we will prosecute you. It’s that simple. If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law."