'Enforcing the Law' Doesn't Justify Separating Migrant Children from their Parents

The Trump administration recently adopted a "zero tolerance" policy under which undocumented immigrants apprehended by federal officials are forcibly separated from their children. In April and May alone, almost 2000 children were torn from their parents and detained separately, often under cruel conditions likely to cause trauma and inflict longterm developmental damage. Attorney General Jeff Sessions claims that separation of families is justified by the need to enforce the law, and even asserts that the administration's policy is supported by the Bible. I will leave the Biblical issues to...

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The Constitutional Rights of Noncitizens

Immigration restrictionists sometimes claim that noncitizens have no rights under the Constitution, and that the US government is therefore free to deal with them in whatever way it wants. At least as a general rule, this claim is simply false. Noncitizens undeniably have a wide range of rights under the Constitution. Indeed, within the borders of the United States, they have most of the same rights as citizens do, and longstanding Supreme Court precedent bans most state laws discriminating against noncitizens. There is little if any serious controversy among experts over this matter. The...

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