By Cyrus D Mehta and Kaitlyn Box* Introduced by the Supreme Court in West Virginia v. EPA, 142 S. Ct. 2587 (2022), the major questions doctrine holds that, “in certain extraordinary cases” where it is unclear whether an agency action was authorized by Congress, “given both separation of powers principles and a practical understanding of […]
By Cyrus D. Mehta and Kaitlyn Box* On April 11, 2025, Immigration Judge Jamee Comans in Louisiana ruled that Mahmoud Khalil, a Columbia University graduate and pro-Palestine activist, can be deported. Judge Comans stated that “the department has met its burden to establish removability by clear and convincing evidence”, referring to Rubio’s letter. She also […]
By Cyrus D. Mehta and Kaitlyn Box* The Department of State has revoked the visas of hundreds of students in recent weeks. This disturbing measure comes after the Trump administration has taken numerous actions targeting students involved in pro-Palestine protests for immigration enforcement actions in recent weeks, including the arrest of student activist Mahmoud Khalil, who […]
By Cyrus D. Mehta and Kaitlyn Box* The revocation students’ visas has caused alarm and panic. Our blog advises that the revocation of a visa in the passport does not necessarily result in a violation of nonimmigrant status. The student may still be able to continue their studies at the school. On March 27, 2025, […]
The White House issued a memo on March 22, 2025 ominously titled Preventing Abuses of the Legal System and the Federal Court. The phrase “The first thing we do, let’s kill all the lawyers” is from William Shakespeare’s Henry VI said by a character called Dick the Butcher in Act IV, Scene II. This phrase has been seized […]
By Cyrus D. Mehta and Kaitlyn Box* On March 8, 2025, DHS arrested Mahmoud Khalil, a Columbia University graduate and Palestinian activist, and purportedly revoked his green card. Khalil was detained under INA 237(a)(4)(C)(i) that provides for the deportation of a noncitizen if the Secretary of State has determined that their presence or activities would […]
By Cyrus D. Mehta and Kaitlyn Box* The Trump administration recently announced that it would enforce INA § 262, which requires noncitizens aged 14 years or older to register with the government if they were not already registered and fingerprinted when applying for a U.S. visa. Children are required to reregister within 30 days of […]
By Cyrus D Mehta and Kaitlyn Box* Acting Director Sirce Owen of the Executive Office for Immigration Review (EOIR) issued Policy Memorandum (PM) 25-23 stating that, in the context of any future personnel actions and after additional review, EOIR may decline to recognize the multiple layers of for-cause removal restrictions for all of EOIR’s inferior […]
By Cyrus D. Mehta and Kaitlyn Box* Donald Trump’s executive order restricting birthright citizenship, which we analyzed in a previous blog, has now been temporarily enjoined and is the subject of multiple lawsuits. The executive order has also brought to light the false dichotomy between “legal” and “undocumented” immigrants, obscuring the nuance of U.S. immigration […]
By Cyrus D. Mehta and Kaitlyn Box* On January 23, 2025, Acting Secretary of the Department of Homeland Security, Benjamine C. Huffman issued a memorandum entitled “Guidance Regarding How to Exercise Enforcement Discretion”, which directs ICE to take the following action: (1) For any alien DHS is aware of who is amenable to expedited removal […]
