Search the Lounge


« Judging Judicial Minimalism | Main | Against the Rehabilitation of Hirabayashi v. United States »

June 19, 2018


Feed You can follow this conversation by subscribing to the comment feed for this post.


Of course slaves were born into slavery. Persons trying to enter the country without authorization do so voluntarily. I don't think they are equivalent populations.

Deep State Special Legal Counsel

If it weren't for open borders and immigration, I wouldn't be here defending three bill retail theft cases. Golly, I never thought about it: But some real American with the long form birth certificate, no less, would not have the effective assistance of counsel for boosted liquor from Jewel. Life is strange...taking us down these paths....Spiritual.


MACK @3:24 "knowledge and experience of practicing law. You maintain it is commonplace - it is not."

On the Internet no one knows your a dog. So do you have any verifiable sources or do we have to take Fido's word for it?

My own fleabag experience in the law tells me that, when a parent is detained, separation from his/her child is the rule rather than the exception. That is true whether the detention is for a criminal conviction, a nonbailable charge, contempt, civil confinement, etc.

And yes, placing a child with another relative is still separating the child from the detained parent. If ICE could find relatives who were nearby and lawfully in the U.S. to place these children with, I'm sure that's what they would do, if only to contain costs. The point is that ICE is not doing anything that the government does not routinely do when it detains parents under analogous circumstances.

Steve -- effort points for the slavery analogy, but no A without a Nazi reference. Please rewrite.


IF you dare, and one suspects that a liberal lion can't allow himself to know the truth, here are photos of the camps operated by the prior administration:


add dot



Congratulations to [M][a][c][K] - he is a great example to us all. Like many on both sides of the left/right debate, he thinks he can judge moral character from a couple of posts in the comments section and, of course, his self-righteousness will take a back seat to no one. He misreads others' arguments to push his own agenda, and his own personal experience trumps evidence-based arguments. At the same time, he provides no solutions, just ad hominem attacks.

This self-righteous indignation and inability to even think through arguments (on a law faculty website no less) is a large part of the problem, exhibited in equal parts by neo-cons, nationalists, and ivory tower liberals.

Thank you [M][a][c][K] for this great example of how to argue like Trump from the left.


Thank you Steve.

And to "r" here is my solution: do nothing, let the immigrants come and work. A person doesn't risk everything, come to a strange country, take any possible job, and send all their money home -- if they are here to create trouble. They are here to work and that is what they do. Just leave them alone. It's a fake "problem" that Trump is trying to solve.


Chicago D

You appear to be just repeating speculative tropes.

The studies appear to show that about 35 - 40% of undocumented persons in this country are unemployed. (THis is different from the "unemployment rate" which uses a "workforce" measure.) It is difficult, to be sure, to get information that is precise on these matters, for obvious reasons, and most news agencies avoid reporting on this issue.

Please correct these stats, if you are able.

Patrick S. O'Donnell

Today marks the observance of the UN’s “World Refugee Day” (‘International Migrants Day’ is observed on December 18), so I’m posting notice of my latest (87th) bibliography, The Ethics, Law, and Politics of Immigration & Refugees: A Select Bibliography. It is freely available on my Academia page for viewing and/or download as a pdf doc (unlike, say, Oxford bibliographies online). Most Americans are notoriously poorly educated and thus ill-informed on any number of subjects germane to humane and principled government and governance in a would-be democratic society, and this topic exemplifies this inexcusable ignorance on an appalling scale. What follows is the introduction:

This compilation, which is not intended to be exhaustive (although I hope it’s representative of the extant literature), was motivated in part by way of honoring the United Nations’ World Refugee Day—20 June—in 2018. This date “commemorates the strength, courage and perseverance of millions of refugees” who are forced to flee their home countries owing to “a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group, or political opinion” (United Nations 1951 Refugee Convention) or in order to escape the devastating effects of natural or human-made disasters. A related UN observance is International Migrants Day (December 18), which is viewed as “an opportunity to recognize the contributions made by millions of migrants to the economies of their host and home countries, and secondly to promote respect for their basic [international legal] human rights.”

As with most of my bibliographies, two constraints affect the contents’ scope: books, in English. These constraints are not meant to imply sources in other languages, or journal articles, are any less significant for research purposes. Not all of the titles fall, strictly speaking, within the “ethics, law, and politics” of immigration and refugees, but in such cases there are sufficient family ties to warrant their inclusion. I welcome suggestions for additional titles (Chris Bertram* suggested a handful of titles upon posting of the first draft, for which I’m grateful.)

* His latest book is a work of political philosophy (normative theory): Do States Have the Right to Exclude Immigrants? (Polity Press, 2018).

The comments to this entry are closed.


  • StatCounter
Blog powered by Typepad