Immigration Law Unhinged
Analysis of immigration law and policy by César Cuauhtémoc García Hernández
- Indexed issues, last 90 days
- 12
- Latest publication
- Sep 25, 2026
- Audience
- Checking…
- Earliest in this view
- Jul 14, 2026
Latest issues
Zoning Non-enforcement (opens the original)
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Just off Main Street in downtown Hudson, the burgers and fried tacos at the End of the Trail restaurant are enough for most locals. It would be hard for the town’s 1,600 residents to support much more. Located roughly thirty miles northeast of Denver, Hudson is bisected by I-70, which leaves Denver, meanders around its sprawling airport, then veers off into Nebraska, passing Hudson along the way. Few people stop.But if ICE gets its way lots more will be forced to. As part of its nationwide push
Citation Shortcut (opens the original)
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In law, attribution is everything. Lawyers sprinkle written briefs with citations to statutes and constitutional provisions. Judges ground their decisions in prior cases addressing a similar legal issue. Making a claim without pointing to a source is akin to laying claim to originality. Doing that when a source is well-known and remarkably relevant is worse. That’s why it’s of great significance for Chief Justice John Roberts, writing for the majority in last summer’s decision holding that Presi
Constitutional Exception? (opens the original)
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The Constitution’s due process clause famously limits the government’s power to detain people. Next month the Supreme Court is scheduled to hear arguments in a case about the clause’s relevance to long-time migrants. If it sides with the government, the court could allow immigration officials to detain indefinitely thousands of long-term residents, including lawful permanent residents (also known as green-card holders), convicted of a variety of crimes without allowing them to ask an immigr
Public Health Blackhole (opens the original)
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Public health is usually the business of state and local governments. The federal government, with its deep pockets, funds research and promotes sound policies, but it’s the people in state and county health departments that flag front-line concerns. A legal fight in Colorado is threatening to create a prison-sized hole in that generations-old balance. A private prison company is dealing with tuberculosis in the state’s third-largest city, but last month a federal court gave it a big win in its
Immigration Jailing Policy Nears Supreme Court (opens the original)
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As part of the Trump administration’s hardline approach to migrants, the Immigration and Customs Enforcement agency has ramped up the number of people it detains. Soon, the Supreme Court may decide whether one of the administration’s preferred tactics is legal. In separate cases, the Justice Department and attorneys for migrants have asked the justices to decide whether ICE can detain migrants who have been living in the United States without the gover
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