Immigration Law and Policy

Back to the Future?

As I wrote in 2009, race and class permeate U.S. immigration law and enforcement. This taint stems in large part from the critically important roles of race and class in the formation and maintenance of the American national identity.  Immigration law reinforces and maintains that identity by determining who is admitted to the United States.  A history of exclusion of poor and working people of color from the United States reveals both how we as a nation see ourselves and our aspirations for what we want to be. 

Court Tees up Issue of the Constitutionality of Indefinite Immigration Detention for the 9th Circuit

On February 27, 2018 the Supreme Court decided Jennings v. Rodriguez, a class-action challenge to provisions of the immigration laws allowing for immigrant detention. After hearing oral argument in the case last term, the court asked for further briefing on the constitutionality of the detention of immigrants. At the end of the term, still shorthanded after Justice Antonin Scalia’s death the previous year, the court ordered reargument.

The Year of Living Dangerously: Immigration in the Era of Trump

President Donald Trump has been in office for almost one year.  In that time, he has greatly redirected immigration law and policy and energized immigration enforcement.  Even though the Obama administration had deported record numbers of immigrants in his eight years in office, Trump endeavored to keep his promise of dramatically increasing immigration enforcement.  That included the pledge to "build a wall" along the U.S./Mexico border.