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OPINION

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2022

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The Regulatory Review, Penn Program on Regulation, Court Allows Administration to End "Remain in Mexico" July 13, 2022 

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SCOTUSblog, Opinion Analysis, Justices split over question of federal court review in immigration cases, May 19, 2022

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Yale Journal of Regulation, Notice & Comment, Prosecutorial Discretion in a Biden administration, Part 5, April 4, 2022

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Washington Post, Made by History, One year ago in Atlanta, historical exclusion and long-standing prejudices proved fatal (w. Margaret Hu), March 16, 2022 

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2021

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SCOTUSblog, Argument Analysis, Justices grapple with question of federal court review in immigration cases, December 7, 2021

 

SCOTUSblog, Case Preview, Justices will decide scope of judicial review over certain immigration decisions, December 3, 2021

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Yale Journal of Regulation, Notice & Comment, Prosecutorial Discretion in a Biden administration, Part 4, September 30, 2021

 

Philadelphia Inquirer, A legacy of exclusion and racism followed the tragedy of 9/11, September 4, 2021

 

PennLive.com, U.S. Immigration Laws Need to Align with American Values, June 15, 2021  

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Yale Journal of Regulation, Notice & Comment, Prosecutorial Discretion in a Biden administration, Part 3, June 5, 2021

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American Constitution Society, Understanding Prosecutorial Discretion and Recommendations for Moving Forward, April 19, 2021

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Yale Journal of Regulation, Notice & Comment, Prosecutorial Discretion in a Biden administration, Part 2, February 18, 2021

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Yale Journal of Regulation, Notice & Comment, Prosecutorial Discretion in a Biden administration, January 21, 2021

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Philadelphia Inquirer, Biden ends the Muslim ban on day one of his presidency buts its legacy will linger, January 20, 2021

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Medium, In Memoriam: The Muslim Ban, January 18, 2021

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2020

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Medium, DACA Restored, December 5, 2020

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SCOTUSblog, From the travel ban to the border wall, restrictive immigration policies thrive on the shadow docket, October 27, 2020

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Ms. Magazine, "The Cruelty is the Point": U.S. Still Denying Protection to Severely Ill People With No Legal Status- Despite Announcing Otherwise (w. Mahsa Khanbabai and Audrey Allen), September 28, 2020

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The Philadelphia Inquirer, Stay off our streets: Federal agents storming cities undermine American ideals, July 22, 2020

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JURIST, Remove the Sword of Damocles from DACA (w. Michael Olivas), August 12, 2020

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NYU Press, From the Square, The Trump Administration Has Prosecutorial Discretion in Immigration Matters During COVID-19, They Should Use it, March 27, 2020

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NYU Press, From the Square, (w. Audrey Allen)  Save Deferred Action: a life-saving stopgap for immigrants, March 3, 2020

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NYU Press, From the Square, Understanding Immigration: A Reading List, January 17, 2020

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2019

 

SCOTUS Blog, Symposium: Dream Deferred, September 2019

 

NYU Press, From the Square, Immigration Priorities, September 2019

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NYU Press, From the Square (w. M. Khanbabai), A Vital Response to the Travel Ban Travesty, April 10, 2019 

 

Philadelphia Inquirer, Two Years Later: The 'Muslim Ban' Still Shuts the Door on Pennsylvanians, February 6, 2019. 

 

NYU Press, From the Square, Banned: Two Years Later, January 30, 2019.

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American Constitution Society, Trump's Travel Ban Two Years Later, January 30, 2019.

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2018

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Los Angeles Times (w. Jennifer Lee Koh), Deport, Not Court? The U.S. is already doing that June 30, 2018.

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SCOTUS Blog, Reflections on the travel ban decision, June 26, 2018.

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Regulatory Review, University of Pennsylvania, Asylum and the Abuse of Administrative Law, November 20, 2018.

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American Constitution Society, The Administration’s New Asylum Rules Raise Legal and Moral Questions, November 9, 2018.

 

American Constitution Society, Unpackaging Trump's Latest Executive Order, June 2018.

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American Constitution Society, Meditation on Oral Arguments in the Travel Ban, April 27, 2018.

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The Hill (w. Peter Margulies), How the travel ban resurrects national origin quotas Congress sought to end 

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Harvard Law Review blog, Immigration Enforcement Under Trump: A Loose Cannon, February 21, 2018.

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American Constitution Society, Countdown to DACA Deadline, January 27, 2018.

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2017

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Medium (reprinted in American Constitution Society), Supreme Court Issues Orders on Ban 3.0: What This Means, December 5, 2017.

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Medium (reprinted in American Constitution Society), Special Registration, Deferred Action and Prosecutorial (In)Discretion, November 20, 2017.

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American Immigration Council, ImmigrationImpact, How Discretion Failed One Ten-Year Old Girl and What the Future Holds, October 30, 2017. (reprinted in Yale Journal of Regulation's Notice and Comment and NYU Press From the Square)

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American Constitution Society, Trump Rescinds DACA, September 5, 2017. (w. Lorella Praeli)

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Medium, Dear Mr. President: Defend DACA, September 2, 2017.

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American Constitution Society, Muslim Ban Litigation: An Unfinished Symphony, July 20, 2017.

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American Constitution Society, Reflections on Bona Fide Relationships, July 14, 2017.

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American Immigration Council, ImmigrationImpact, Ending Deportation Priorities Breaks Away from Decades of History and Sound Policy, July 10, 2017.

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SCOTUS Blog, Immigration symposium: Delays, detentions and due process – Why Jennings matters, June 27, 2017.

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American Constitution Society, Musings on Today’s Travel Ban Decision by the Supreme Court, June 26, 2017.

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Medium, The Birth and Death of Deferred Action (and what the Future Holds), June 16, 2017.

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American Immigration Council, ImmigrationImpact, The Dire State of Immigration Detention in Georgia, June 6, 2017.

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Yale Law Journal on Regulation, Notice and Comment, Prosecutorial Discretion at ICE: My Latest FOIA Adventure, May 26, 2017.

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Yale Law Journal on Regulation, Notice and Comment, Donald Trump’s Enforcement Plan and the Future of Discretion, April 25, 2017.

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Medium, Immigration Law and Policy After the Executive Orders: Five Key Points, March 25, 2017.

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American Constitution Society, Musings on Muslim Ban 2.0, March 13, 2017.

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The Conversation, Trump’s immigration executive orders: The demise of due process and discretion, March 6, 2017. (reprinted in Associated Press, Newsweek, Salon, Houston Chronicle, and additional outlets)

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Medium, Leaked DHS Memo Implementing the Executive Order on Border Enforcement, February 18, 2017.

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Medium, Leaked DHS Memo Implementing the Executive Order on Interior Enforcement (or Is Prosecutorial Discretion Dead?), February 18, 2017.

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2016

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Supreme Court of the United States (SCOTUS) Blog. Symposium: A meditation on history, law and loss, June 23, 2016.

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American Constitution Society. Beyond Deportation: Prosecutorial Discretion Requests After U.S. v. Texas, June 28, 2016.

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American Constitution Society. Reflecting on Judge Hanen's Reprimand, May 23, 2016.

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American Immigration Council, ImmigrationImpact. Understanding Justice Kennedy's Upside Down Argument, April 20, 2016.

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ImmigrationProf Blog. U.S. v. Texas – TRUE OR FALSE?, April 19, 2016.

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American Constitution Society. Notice and Comment Rulemaking in U.S. v. Texas, April 15, 2016.

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Yale Law Journal on Regulation. Employment Authorization and Prosecutorial Discretion: The Case for Immigration Unexceptionalism, February 10, 2016.

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American Constitution Society. A President’s Constitutional and Faithful Execution of Immigration Law, January 20, 2016.

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2015

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PennLive and The Patriot-News. Trump's Muslim ban reeks of failed post-9/11 anti-Muslim policies, December 10, 2015.

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The Hill. 9-11 Flashback and Future Immigration Policy, December 9, 2015.

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The Hill. On the Anniversary of Obama's Immigration Announcement, November 21, 2015.

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Centre Daily Times. Syrian Refugees and Moral Courage, November 21, 2015.

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The Hill. Immigration Argument at the Fifth Circuit, July 14, 2015.

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Centre Daily Times, State College Raid: Reflections One Year Later, June 9, 2015.

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From the Square. NYU Press Blog. The Refugee Dilemma and the Broader Immigration Debate, December 11, 2015.

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American Constitution Society. Seeking to Understand the Fifth Circuit Ruling on Deferred Action, November 11, 2015.

 

Crimmigration. Beyond Deportation: The Relationship Between Immigration Prosecutorial Discretion and Criminal Activity, August 4, 2015.

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From the Square. NYU Press Blog, Book Notes: Beyond Deportation, July 28, 2015.

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ImmigrationProf Blog. Law Professor Blogs, Work authorization for dreamers, a week of wonders and woes, July 17, 2015.

 

ImmigrationProf Blog. Law Professor Blogs, Beyond Deportation, July 10, 2015.

 

2014 and Older

 

The Hill, Relics of ‘deferred action’, November 20, 2014.

 

The Hill, To file or not to file Vargas’s Notice to Appear, July 17, 2014.

 

Centre Daily Times, Raids, rights and the rule of law, June 24, 2014.

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ImmigrationProf Blog. Law Professor Blogs, Immigration Prosecutorial Discretion and Deportation, April 30, 2014.

 

AILA Slip Opinion Blog. American Immigration Lawyers Association, Ninth Circuit Upholds the Rule of Law and Limits Chevron Deference for Children who “Age-Out” During the Green Card Process, October 2012.

 

ImmigrationProf Blog. Law Professor Blogs, Deferred Action in Immigration Law: The Next Generation, June 28, 2012.

 

AILA Leadership Blog. American Immigration Lawyers Association, DHS Releases Long-Awaited Memo on Controversial 9/11 Program (w. Denyse Sabagh), May 2012.

 

AILA Slip Opinion Blog. American Immigration Lawyers Association, Musings on the Visa Waiver Program, No-Right Waivers and the Age of Youth, March 2012.

 

AILA Slip Opinion Blog.  American Immigration Lawyers Association, Board Offers New Standard for Administrative Closure, and Highlights the Importance of Decisional Independence, February 2012.

 

ImmigrationProf Blog. Law Professor Blogs, Prosecutorial Discretion and Post 9-11, December 2011.  

 

AILA Slip Opinion Blog.  American Immigration Lawyers Association, Third Circuit Reflects on Unlawful Presence, Chevron, and the Importance of Prosecutorial Discretion, September 2011. 

 

ImmigrationProf Blog. Law Professor Blogs, White House's Review of Removal Cases, September 2011.

 

ImmigrationProf Blog. Law Professor Blogs, 9/11 Registration and the Morton Memo, July 2011. 

 

ImmigrationProf Blog. Law Professor Blogs, (w. Leon Wildes) Prosecutorial Discretion and the Legacy of John Lennon, July 2011.