Adam Cox

Deportation to CECOT: Punishment Without Charge or Trial Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.

Very compelling new piece by @ahilantoolong.bsky.social arguing that while courts have long said deportation isn't a "punishment," condemnation to CECOT clearly is.

That matters for constitutional purposes. @justsecurity.org www.justsecurity.org/110679/depor...

Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s) "Khalil’s case involves an assertion of government power over lawful permanent residents far beyond what we have seen in decades, if ever."

Explainer on First Amendment and Other Legal Issues in Deportation of Palestinian Student Activist(s)

By @ahilantoolong.bsky.social and @adambcox.bsky.social

www.justsecurity.org/109012/legal...

A great essay by @bethlewwilliams.bsky.social, "Why Chinese Exclusion Matters (and Why It Doesn’t)," in @oah.org The American Historian. @iehs.bsky.social

www.oah.org/tah/industry...

The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order "In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."

The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s #Birthright Citizenship Executive Order

by @adambcox.bsky.social, Pamela Karlan, @martylederman.bsky.social, @twmorrison.bsky.social, and Cristina Rodríguez

www.justsecurity.org/108070/funda...

If it qualifies as banishment, then it could be imposed only if Congress passed a criminal statute authorizing this form of banishment as punishment for a particular crime. And even then, it could be imposed only by a judge, following a conviction for that crime.

121. Spending, Coercion, and Commandeering How far can the federal government go to force local and state governments to help enforce federal law? Sooner rather than later, the Supreme Court will almost certainly have to answer that question.

Typically fine analysis by @stevevladeck.bsky.social on Trump’s conditioning highway $ on cities’ enforcing immigration law. Given weak nexus between highways and immigration, litigation over “relatedness” is a stress test of SCOTUS’s resistance to partisan loyalty. open.substack.com/pub/stevevla...

Just posted this new analysis of Trump's theory of presidential power with Trevor Morrison @twmorrison.bsky.social.

Looks like last night's OMB impoundment order may just reinforce our conclusions. @sbagen.bsky.social @joshchafetz.bsky.social

Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability A leading expert analyzes the Justice Department threat to prosecute state and local officials in sanctuary cities.

Must read piece by @ahilantoolong.bsky.social: What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability www.justsecurity.org/106723/sanct...

This is Orwellian (first time for me to ever invoke that term).

Trump administration is calling people in the country "unlawful" who are: immigrants who signed all the paperwork, entered the country legally, and have remained here documented and lawfully.

www.nytimes.com/2025/01/23/u...

This paper's been a long time coming--my earliest notes for the project date back to when I was teaching immigration law at @uchicagolaw.bsky.social. Many thanks to all of the students there and at @nyulaw.bsky.social, whose questions in class helped spark and sharpen the core idea in this project.

New paper alert!

Excited that my new article "The Invention of Immigration Exceptionalism" has been published by @YaleLJournal.

papers.ssrn.com/sol3/papers....