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Peter Margulies
Posts
The Fifth Circuit Holds That DACA Exceeds Executive Authority
On Oct. 5, the U.S. Court of Appeals for the Fifth Circuit held in Texas v. United States that the Deferred Action for Childhood Arrivals...
Supreme Court Eases Biden’s Way to Ending “Remain in Mexico” Program, but Termination Is Not a Done Deal
In a 5-4 decision on June 30, the Supreme Court cleared away a major obstacle to the Biden administration ending the Trump administration’s “Remain in...
Ending the Remain in Mexico Program: Judging the Boundaries of Executive Discretion
In an important decision on Dec. 13, 2021, in Texas v. Biden (Biden II), the U.S. Court of Appeals for the Fifth Circuit rejected the...
The Courts Restore the 'Remain in Mexico' Program: An End to Judicial Deference?
The Supreme Court on Aug. 24 declined to stay an injunction by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District...
DACA Update: A Federal Judge Rules that DACA is Illegal, But Keeps Options Open
On July 16, U.S. District Judge Andrew S. Hanen of the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals (DACA) program...
Biden’s Border Problem, and How to Fix It
President Biden has a border problem. The U.S. is seeing a deeply troubling increase both in total unaccompanied children (UACs) and in very young UACs—children...
Justice Department Inspector General’s Report Raises Troubling Questions About FBI’s Role in FISA Cases
Despite the conclusion of Justice Department Inspector General Michael Horowitz that the FBI’s initiation of the Russia probe met legal standards, the report issued Monday...
Court Issues Preliminary Injunction Against President Trump’s Ban on Uninsured Immigrants
On Nov. 26, Judge Michael H. Simon of the U.S. District Court for the District of Oregon issued a preliminary injunction against the operation of...
New Homeland Security Asylum Rule Allows Removal to Central American Countries That Have Signed Agreements With the U.S.
In a new rule, the Department of Homeland Security has taken key steps to implement what it calls asylum cooperation agreements (ACAs) signed earlier with...
Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants
On Nov. 2, Judge Michael H. Simon of the U.S. District Court for the District of Oregon issued a temporary restraining order (TRO) in Doe...