After eight years at the University of Denver, I am thrilled to announce that I will be joining the faculty at Ohio State University this summer as the Gregory Williams Chair in Civil Rights and Civil Liberties. My partner and colleague at the University of Denver, Margaret Kwoka, will also join OSU as the Lawrence Herman Professor in Law. With my focus on the intersection between criminal and immigration law and Margaret’s focus on government secrecy, OSU’s strong contingent of stellar faculty with compatible interests across multiple departments offers an exciting new institutional [...]
Immigration, Nativism & Race in the United States
When Douglas Massey asks for an essay, it’s time to celebrate. That’s exactly what I did when he invited me to contribute to an issue of Dædalus, the journal of the American Academy of Arts and Sciences. At the time I had no idea who else he was reaching out to. Last week, the magazine came out and I’m in awe to find myself in such company. Like Massey, these are scholars from a variety of disciplines whose work I’ve read and learned from for decades. As a group, these are the types of scholars who inspire me—hard-working, rigorous, passionate intellectuals. My essay, Criminalizing [...]
Border Patrol apprehensions, 1925-2020
With news of an increase in the number of migrants arriving at the border, I thought it useful to share historical patterns of apprehensions by Border Patrol. The chart below uses data reported by Customs and Border Protection dating back to the Border Patrol's founding. The agency's data indicate that the United States has not seen a historically unprecedented situation at the border in many years, at least not if measured by the number of people coming into the Border Patrol's custody. On the contrary, as of the last full fiscal year--2020, which ended on September 31, 2020--the Border [...]
Supreme Court says gap in conviction records hurts migrant
In a split decision issued today, the U.S. Supreme Court announced that gaps in conviction records created by state courts should be treated against migrants who are required to show that they haven’t been convicted of certain types of crimes. The decision, Pereida v. Wilkinson, No. 19-438 (March 4, 2021) (previewed here), split the Court along ideological lines, with Justice Gorsuch writing the majority opinion and Justice Breyer leading Justices Sotomayor and Kagan in dissent. Justice Barrett didn’t participate in this case, resulting in a five to three vote. The majority and dissenters [...]
Abolish ICE
When a white man shot up an El Paso Walmart in 2019, a woman named Rosa was inside. She survived the massacre, then worked with prosecutors on their criminal case against the shooter. Within days of President Biden taking office, a busted taillight upended Rosa’s life again. Rosa lived in El Paso, but she didn’t have the government’s permission to be there. During the traffic stop, local police arrested her, then handed her over to the Immigration and Customs Enforcement agency. Soon she was in Mexico. That's how I begin my latest essay, Now That Biden Is President...It's Still Time to [...]
Federal court enjoins 100-day deportation pause
In a 105-page order, a federal judge in Texas granted a preliminary injunction yesterday blocking the Biden administration from implementing a 100-day deportation pause. The same court previously blocked the pause by issuing a temporary restraining order. The injunction is effective immediately and applies nationwide. As a result, I expect to see the administration turn to the U.S. Court of Appeals for the Fifth Circuit soon. The first 20 pages of the opinion read like someone’s notes about how immigration law works. Entire sentences are devoted to such claims as “ICE is an agency within [...]
ICE issues enforcement priorities
Last week, ICE issued new enforcement priorities meant to guide its immigration detention and removal activities. In a memo signed by Acting Director Tae D. Johnson, the agency outlines three types of risks—national security, border security, and public safety—that it will prioritize at least temporarily. The memo notes that permanent priorities are expected within 90 days. Until permanent priorities are distributed, the Johnson memo, released on February 18, sets ICE’s enforcement parameters. It does not, however, apply to Customs and Border Protection, the Department of Homeland Security [...]
Immigration possibilities & challenges
On the campaign trail, Democrats promised to break from the Trump administration’s immigration policies. Already, the Biden-Harris administration has taken several steps in that direction, but the path ahead is filled with political obstacles and legal challenges. Later this week, I'll discuss options available to the new administration and challenges it is likely to face—from activists on the left and Republicans on the right. Join me for this important conversation. Participation is free, but registration is required. This lecture is part of the PublicSquare Santa Barbara seminar [...]
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