Entries by Cyrus Mehta

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

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?

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?

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

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 […]

Trump’s Cruel Immigration Policies Have No Rational Justification Except to Harass and Intimidate Immigrants such as the Alien Registration Requirement 

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 […]

EOIR Policy Memorandum on Inferior Officers Opens Up Claims to Invalidate Proceedings  

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 […]

The False Distinction Between Legal and Undocumented Immigrants in the Debate on Birthright Citizenship

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 […]