Articles on Due Process

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Barbed wire surrounds the GEO Group ICE detention facility in Adelanto, Calif. on July 10, 2025. Patrick T. Fallon/AFP via Getty Images

When immigration detention becomes a system of concentration: Lessons from research on 150 historical cases

Scholars have defined the elements of what qualifies as a concentration camp system. Based on those, ICE detention facilities meet the definition of concentration camps.
U.S. Sen. Chris Van Hollen, right, meets with Kilmar Abrego Garcia in San Salvador, El Salvador, on April 17, 2025. Photo by Sen. Van Hollen's office via Getty Images

Kilmar Abrego Garcia’s wrongful deportation case is more about individual rights than the Trump administration’s foreign policy

The Trump administration claims that judges’ orders in the cases of immigrants deported to a prison in El Salvador intrude on the president’s right to conduct foreign policy.
Two Latin words – ‘habeas corpus’ – protect any person, whether citizen or not, from being illegally confined. deepblue4you, iStock / Getty Images Plus

Habeas corpus: A thousand‑year‑old legal principle for defending rights that’s getting a workout under the Trump administration

Habeas corpus – a Latin phrase meaning ‘you shall have the body’ – protects any person, whether citizen or not, from being illegally confined. It’s a crucial element of US law.
A prison officer guards a gate at the Terrorism Confinement Center in El Salvador, where hundreds of migrants from the United States were deported by the Trump administration. Alex Pena/Anadolu via Getty Images

Supreme Court’s decision on deportations gave both the Trump administration and ACLU reasons to claim a victory − but noncitizens clearly lost

Can both sides legitimately say they won a Supreme Court victory?
People gather outside the U.S. Supreme Court building as news spread of Associate Justice Ruth Bader Ginsburg’s Sept. 18 death. AP Photo/J. Scott Applewhite

3 ways a 6‑3 Supreme Court would be different

A 6-3 conservative court will hear a broader range of controversial cases, shift interpretations of individual rights and put more pressure on local democracy to make policy decisions.
The civil rights of 11.3 million Mexican nationals who live in the US are routinely violated, according to a comprehensive new report on U.S. immigration enforcement since 2009. AP Photo/Matt York

Mexicans in US routinely confront legal abuse, racial profiling, ICE targeting and other civil rights violations

A new report on Mexicans in the US paints a troubling picture about the treatment of the country’s largest immigrant group.
Guantanamo Nay detainees sit in a holding area at Camp X-Ray on Jan. 11, 2002. Reuters/Shane T. McCoy/Handout

5 things to know about Guantanamo Bay on its 115th birthday

On Dec. 10, 1903, the US military leased 45 square miles of Cuban territory to build a naval base. How did Guantanamo Bay become an infamous prison for alleged terrorists?
Demonstrators outside Terminal 5 of Chicago’s O'Hare airport on Jan. 29, 2017. AP Photo/Nam Y. Huh

The best legal arguments against Trump’s immigration ban

A constitutional scholar considers the legal arguments that could undo Trump’s executive order barring travel by residents of seven Muslim majority countries.

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