Entries by Cyrus Mehta

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 […]

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

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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  

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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

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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 […]

Should Trump’s Lawyers Implementing Policies That Hurt Immigrants be Concerned About Violating Their Ethical Obligations? 

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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 […]

Trump’s Executive Order Restricting Birthright Citizenship Is So Unconstitutional that Even the Supreme Court May Reject It

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By Cyrus D. Mehta and Kaitlyn Box* On January 20, 2025, Inauguration Day, Donald Trump signed an executive order entitled “Protecting the Meaning and Value of American Citizenship”, which interprets the language “subject to the jurisdiction thereof” in the Fourteenth Amendment to mean that U.S. citizenship does not extend to individuals born in the United […]

Inauguration Eve: The Havoc That Trump May Wreak on Immigration

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President-elect Trump’s inauguration on January 20, 2025, is expected to usher in immigration-related actions of various kinds. What will actually happen and when, in the short term and over the long term? Only time will tell. Discussion and preparation on both sides have been wide-ranging. According to reports, highlights include: Deportations. The incoming “border czar,” […]