Entries by Cyrus Mehta

USCIS’s Dystopian Implementation Plan to Allow Inheritance of Temporary Statuses from the Parents for the US Born Child Instead of Automatic Citizenship

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The USCIS has issued an Implementation Plan to end birthright citizenship under Executive Order 14160, Protecting the Meaning and Value of American Citizenship. See 90 Fed. Reg. 8449 (2025) (E.O.).  The E.O. provides that the following categories of individuals will no longer be considered to be born “subject to the jurisdiction” of the United States […]

Supreme Court Decision Limits Nationwide Injunctions Giving More Power to Trump to Violate the Constitution

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On June 27, 2025, in a case implicating President Trump’s Executive Order (EO) on birthright citizenship, the U.S. Supreme Court issued a decision limiting federal courts’ ability to issue nationwide injunctions blocking EOs and broad national policies. It explained that in such cases, courts should normally only block federal policies for the individuals or organizations […]

Although DOS Resumes Visa Processing for Foreign Students,  the Enhanced Vetting Guidance Undermines American Values of Free Speech and Expression

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On June 18, 2025, the Department of State resumed visa processing for new and returning students and exchange visitors (F, M, and J nonimmigrants) but announced enhanced social media and online presence screening and vetting procedures. All applicants for F, M, and J nonimmigrant visas will be instructed to adjust the privacy settings on all […]

How the Major Questions Doctrine Can Undo some of Trump’s  Policies, Including On Birthright Citizenship

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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 […]

Is Secretary Rubio’s Bare Bone’s Letter Deserving of Deference in Khalil’s Deportation Case?

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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 […]

After Chevron’s Demise, Should Courts Be Giving Deference to the Trump Administration’s  Foreign Policy Considerations When Deporting a Noncitizen?

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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 […]

Challenging the Foreign Policy Ground of Removability in Defense of  Free Speech and the Rights of Green Card Holders

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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 […]