Supreme Court

Opinion analysis: Justices continue to apply ordinary modes of statutory interpretation to the U.S. immigration laws

With the new Trump administration, immigration has been in the national news. President Donald Trump and Attorney General Jeff Sessions have emphasized that the U.S. government will target "criminal aliens" in its removals. At various times, Trump has focused on crimes committed by Mexican immigrants. In the first of a number of immigration decisions from the 2016 term, the Supreme Court today decided its first crime-based removal decision in the new administration, Esquivel-Quintana v.

Reverse Political Process Theory

This post is about an article entitled Reverse Political Process Theory, which will appear in the Vanderbilt Law Review (forthcoming 2017).

The article is the first of two papers to take up an intriguing phenomenon at the Supreme Court: the Court's recent practice of granting what seems to be special, heightened constitutional protections to politically powerful entities. 

Argument analysis: Immigrant detention and the Constitution

The detention of immigrants is a major tool for enforcing the immigration laws employed by the executive branch. President-elect Donald Trump has promised to detain immigrants facing removal while their cases percolate through the courts. Detention thus is poised to become more common for noncitizens in removal proceedings.