In Demore v. Kim (hereinafter Kim II), the United States Supreme Court seriously undermined immigrants’ due process rights and revived “immigration exceptionalism,” the policy of insulating substantive immigration decisions from mainstream constitutional analysis. Kim II held that substantive due process does not require an individualized assessment of dangerousness and flight risk prior to detaining a lawful permanent resident (LPR) pending removal under a provision of the Immigration and Nationality Act (INA). In so holding, the Court defied established substantive due process jurisprudence on civil detention, which requires the government to offer a special justification based on specific characteristics of the individual. The Court also eschewed two traditions in immigration law-the privileged status of LPRs over other noncitizens, and the application of the plenary power doctrine exclusively to substantive, rather than procedural, immigration law.
Scholars discuss the most significant immigration-related cases before the U.S. Supreme Court, their ramifications, and what to expect in 2020.
Migrant children fleeing violence in their native countries have experienced severe psychological trauma before and after entering the country when we separated them from their families and placed them in detention facilities, and some families remain separated.
We reject the view that prosecution will ever be the solution to the crisis of mass incarceration.
The discriminatory laws, practices, and policies promised and delivered by President Trump have social, political, and economic ramifications. First, they reinforce misconceptions about Islam as an inherently violent religion. Second, they breed intolerance, fear, and hostility among the general population