Government’s Position in Asylum Case Could Incentivize Unauthorized Migration

The complexities surrounding asylum applications in the United States have been a topic of significant legal scrutiny, particularly in light of recent governmental strategies aimed at regulating the influx of asylum seekers. Traditionally, the process of applying for asylum has been straightforward: individuals needed only to arrive in the U.S. and express their need for protection. However, shifts in policy during the past decade have introduced barriers that may inadvertently affect the motivations of migrants seeking refuge. Legal Context of Asylum Applications Asylum law in the United States permits individuals who are physically present or … Read more

Supreme Court to Consider Federal Courts’ Role in Asylum Cases

On December 1, the Supreme Court will deliberate on the case of Urias-Orellana v. Bondi, focusing on the critical role of federal courts in asylum proceedings. This case raises significant questions about whether federal appellate courts should defer to the Board of Immigration Appeals (BIA) when evaluating claims made by asylum seekers. The decision could have far-reaching implications for countless individuals seeking refuge from persecution. Background of the Case The legal challenge originates from the asylum application of Douglas Humberto Urias-Orellana, Sayra Iliana Gamez-Mejia, and their minor child, who fled El Salvador in 2021. They … Read more

Supreme Court does not act on Trump’s attempt to end birthright citizenship – for now

The Supreme Court’s recent inaction on President Donald Trump’s executive order to end birthright citizenship has left many legal experts pondering the implications of this significant constitutional issue. The order, which seeks to deny automatic citizenship to individuals born on U.S. soil, has raised questions about the interpretation of the 14th Amendment. As the court prepares to reconsider the case, the potential outcomes could have lasting effects on immigration policy and citizenship rights in the United States. Supreme Court’s Relist Procedure On Monday, the Supreme Court chose not to act on the challenges to Trump’s … Read more

Birthright Citizenship and American Exceptionalism

Birthright citizenship, a principle enshrined in the 14th Amendment of the U.S. Constitution, has been a cornerstone of American identity since its ratification in 1868. This policy grants citizenship to anyone born on U.S. soil, regardless of the immigration status of their parents. However, in recent years, this long-standing tradition has come under scrutiny, particularly during the Trump administration, which sought to limit access to birthright citizenship through executive orders. This debate not only underscores the complexities of immigration policy but also raises questions about American exceptionalism and the values associated with it. The Global … Read more