Adam Cox
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Articles by Adam Cox
Trump 2.0: Executive Power and the First Amendment
During his first term in office, President Donald Trump said and did many things that indicated he was less than committed to freedom of the press, disliked protest and dissent, and wanted to engage in retributive action against his political enemies. The warning signs were there, but few anticipated the extent to which Trump 2.0 would or could use the powers of the presidency and the bully pulpit to restrict, suppress, and coerce expression.
Wednesday, March 12, 2025 Here is the Notice to Appear in the Mahmoud Khalil. This is a rare case in which the U.S. government is relying on the foreign policy grounds for removal. Here is a thoughtful explainer of the legal issues in the case by immigration professors and . KJ https://lawprofessors.typepad.com/immigration/2025/03/notice-to-appear-in-the-matter-of-mahmoud-khalil.html Current Affairs | Permalink Comments Post a comment
Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s)
The government’s recent decision to jail and purport to “revoke” the green card of Mahmoud Khalil, a prominent pro-Palestine student activist from Columbia University, sent shock waves through universities around the country. Although President Donald Trump said throughout the presidential campaign that he would detain and deport foreign students who protested Israel’s conduct of the war in Gaza, most observers did not imagine his administration would target lawful permanent residents.
The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order
The Citizenship Clause of the Fourteenth Amendment states that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” In 1995, Walter Dellinger, then the Assistant Attorney General for the Office of Legal Counsel (OLC), testified before Congress that legislative proposals to deny birthright citizenship to children born to undocumented parents would “unquestionably” violate this...
Trump’s Dictatorial Theory of Presidential Power
In a flurry of executive orders and proclamations this past week, President Donald Trump took decisive action on a range of significant issues including border enforcement, energy policy, birthright citizenship, and the TikTok ban, among others. While those Executive Orders cover disparate policy domains and legal topics, they are united in their reliance on broad assertions of inherent presidential power.
The Public Framing of Mass Deportation
President-elect Donald Trump has said he would conduct mass deportations in the millions of people. Some have wondered whether he will follow through on this campaign rhetoric, and that is admittedly an open question. In a recent Meet the Press interview, the president-elect aligned himself with the stated views of his senior aide, Stephen Miller, in saying his administration would prioritize criminals but then also focus on anyone who is in the country illegally.
The End of Asylum?
(Editor's Note: The authors and other top experts share their insights on the end of Title 42 on the Just Security Podcast. Listen to the episode here). Last night at midnight, the federal COVID-19 public health emergency declared in February 2020 officially ended.
A New Era for U.S. Asylum?
The Just Security Podcast A New Era for U.S. Asylum? May 12, 2023 Episode 26 Just Security This week a U.S. public health measure known as Title 42 came to an end. The U.S. is supposed to allow people fleeing persecution to seek asylum. But Title 42 allowed the Department of Homeland Security to turn away asylum-seekers if detention centers lacked the room to hold them during the asylum vetting process. The policy made it difficult for migrants to even apply for asylum in the first place.
The Fifth Circuit's Interventionist Administrative Law and the Misguided Reinstatement of Remain in Mexico
President Biden came to office promising to undo scores of new immigration policies instituted by the Trump administration. On inauguration day, Biden suspended one of the most controversial policies of his predecessor: the Remain in Mexico policy, also known as the Migrant Protection Protocols (MPP). That policy had radically altered the screening of asylum seekers along the southern border, requiring asylum seekers to wait in camps on the Mexican side for their claims to be heard.
The Lawfare Podcast: Cristina Rodríguez and Adam Cox on 'The President and Immigration Law'
Published by The Lawfare Institute in Cooperation With Jack Goldsmith spoke with Adam Cox and Cristina Rodríguez, the authors of "The President and Immigration Law," a new book about the historical rise and operation of a president-dominated immigration system.
President and Immigration Law
President and Immigration Law Just Security is based at the Reiss Center on Law and Security at New York University School of Law.
The President and Immigration Law Series: Reflections on the Future of American Immigration Policy
[Editor’s note: Over the past two weeks, Just Security has published a series of articles responding to the new book, The President and Immigration Law, by Cristina Rodríguez and Adam Cox. The series brought together expert voices on immigration policy and reform. In this response essay, Rodriguez and Cox reflect on these contributions and the path forward for building better immigration law, through presidential power and other means.
The President and Immigration Law: The Danger and Promise of Presidential Power
(Editor’s Note: This article is part of a Just Security series in conversation with the new book, The President and Immigration Law, by Cristina Rodríguez and Adam Cox. The series will bring together expert voices on immigration policy and reform to reflect on the book and to chart a path toward a more sustainable and balanced immigration system. All articles in the series can be found here).
The President and Immigration Law Series: Presidential Power, Migration Management, and Foreign Affairs
(Editor’s Note: This article is part of a Just Security series in conversation with the new book, The President and Immigration Law, by Cristina Rodríguez and Adam Cox. The series will bring together expert voices on immigration policy and reform to reflect on the book and to chart a path toward a more sustainable and balanced immigration system. All articles in the series can be found here).
The President and Immigration Law: Restoring Faith in Our Immigration System Through Enforcement Discretion and Reform
(Editor’s Note: This article is part of a Just Security series in conversation with the new book, The President and Immigration Law, by Cristina Rodríguez and Adam Cox. The series will bring together expert voices on immigration policy and reform to reflect on the book and to chart a path toward a more sustainable and balanced immigration system. All articles in the series can be found here).
The President and Immigration Law Series: The Urgent Need to Shrink Immigration Detention
(Editor’s Note: This article is part of a Just Security series in conversation with the new book, The President and Immigration Law, by Cristina Rodríguez and Adam Cox. The series will bring together expert voices on immigration policy and reform to reflect on the book and to chart a path toward a more sustainable and balanced immigration system. All articles in the series can be found here).
The President and Immigration Law Series: Executive Power Beyond Enforcement
(Editor’s Note: This article is part of a Just Security series in conversation with the new book, The President and Immigration Law, by Cristina Rodríguez and Adam Cox.
The President and Immigration Law: Introduction to a Just Security Series
(Editor’s Note: This article introduces a Just Security series in conversation with the new book, The President and Immigration Law, by Cristina Rodríguez and Adam Cox.
Immigration Maximalism at the Supreme Court
Editor’s note: This article is the first in a series on the Supreme Court’s Term. The Supreme Court Term is finally over, and the time for thematic summaries has begun. Many this year have emphasized this term’s judicial restraint, or “minimalism.” Commentators have singled out Chief Justice Roberts as exemplifying this trait.
Perils for Dreamers in What Comes Next
Last Thursday, the Supreme Court rebuffed the Trump administration’s attempt to unwind DACA–President Barack Obama’s signature immigration initiative that insulates nearly 700,000 young immigrants from deportation while providing them with workpapers. The Court’s decision was initially touted widely as a major victory for the Dreamers and a constraint on an irresponsible executive.
Trump’s COVID-19 Immigration Proclamation May Be Legal, But It’s Still an Abuse of Power
Last Monday night, April 20, President Trump tweeted that he was about to sign an executive order temporarily suspending immigration to the United States in response to the “invisible enemy” of the coronavirus. Immediately, the president’s tweet turned into headlines that the United States was about to end all immigration. The formal proclamation he actually issued two days later was considerably narrower—even to the apparent disappointment of some of his conservative allies.
Child Separation in the Courts
Developments in the ongoing child separation crisis have come so quickly in the past week it is nearly impossible even for experts to keep track.
Are We Down to One Branch of Government?
The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement — has also indicated it won’t raise many, if any, objections to President Donald Trump’s most discriminatory policies. To ensure that no one branch of government becomes too powerful and that citizens’ rights are protected, the country’s Founding Fathers created three branches of government.
Trump v. Hawaii: Korematsu’s Ghost and National Security Masquerades
This piece is cross-posted with SCOTUSblog. Some Supreme Court statements can only be understood as dissembling or self-deception. The most recent, startling example is Chief Justice John Roberts’ pronouncement in his 5-4 majority opinion in Trump v. Hawaii that “Korematsu has nothing to do with this case.” Really? As Justice Sonia Sotomayor’s trenchant dissent chronicled, only a credulous majority could convince itself of that claim in light of the history we have all just lived through.
The Radical Supreme Court Travel Ban Opinion-But why it might not apply to other immigrants’ rights cases
In writing the opinion for the Supreme Court in the travel ban case, Chief Justice John Roberts had to decide what to do with Donald Trump’s many statements laying bare his discriminatory reasons for adopting the executive order. Although other analysts say that the Court “balanced” or engaged in “weighing” the president’s comments against the putative national security reasons for the policy, we don’t see it that way.
In Trump Era, a Need to Revive Ideals of Jefferson’s Pursuit of Happiness
“We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.
No, Detaining Migrant Families Doesn’t Deter Others From Crossing the Border
Everyone knew that separating children was about deterrence, using them as pawns in a grown-ups’ game to send a message that those seeking to migrate to the United States should stay out. White House chief of staff John Kelly said family separation “could be a tough deterrent,” and then corrected himself. “Would be a tough deterrent,” he added.
Saudi Arabia’s Misleading Email to Congress After Bombing of MSF Cholera Hospital
On a recent Wednesday night in June, Saudi Arabia’s embassy emailed members of the U.S. Congress providing them something between a false and misleading account of an air strike that took place in Yemen. Two days earlier, the military coalition led by Saudi Arabia and armed by the United States had reportedly blown up a cholera treatment facility belonging to the international humanitarian organization Doctors Without Borders/Médecins Sans Frontières (MSF).
Detention of Migrant Families as “Deterrence”: Ethical Flaws and Empirical Doubts
Everyone knew that separating children was about deterrence, using them as pawns in a grownups’ game to send a message that those seeking to migrate to the United States should stay out. White House Chief of Staff John Kelly said family separation “could be a tough deterrent,” and then corrected himself. “Would be a tough deterrent,” he added.
Don’t Let Trump Hide Behind the Constitution in Ending DACA
VIDEO On Tuesday, the Trump administration formally announced its decision to end one of President Obama’s signature immigration accomplishments—the Deferred Action for Childhood Arrivals policy (DACA). Designed to protect Dreamers, that policy has insulated from deportation as many as 800,000 young people who were brought to the United States as children.
Trump Definition of “Family” Is in Contempt of Supreme Court Travel Ban Ruling
On Monday, the Supreme Court held that the administration must not enforce its Travel Ban Executive Order against foreign nationals who have “a credible claim” of a “close familial relationship” with “a person … in the United States.” On Wednesday, the Trump Administration stipulated in Guidance to all U.S. embassies that “close family” does not include grandparents, fiancés, aunts and uncles, or other extended family.
DO Believe the Hype: DHS’s “Victims of Immigration Crime Engagement” (VOICE) May Target Legal Immigrants Too
VIDEO In his joint session to Congress on Tuesday, President Donald Trump highlighted a new immigration policy, which many, many, many mistakenly assume applies only to undocumented immigrants (a.k.a. “unlawful immigrants”). The policy, however, applies at least to “removable aliens”—a precise term of art in immigration law—and that class of individuals clearly includes legal immigrants. Let’s break this down.
Why a Muslim Ban is Likely to be Held Unconstitutional: The Myth of Unconstrained Immigration Power
Over the last few days, constitutional debates around the executive order President Trump signed on Friday have focused on two very different questions. The first is whether the policy amounts to blatant religious or racial discrimination of the sort that, ordinarily, would clearly violate the Constitution.
The President and Immigration Law Redux
abstract. In November 2014, President Obama announced his intention to dramatically reshape immigration law through administrative channels. Together with relief policies announced in 2012, his initiatives would shield nearly half the population of unauthorized immigrants from removal and enable them to work in the United States. These events have drawn renewed attention to the President’s power to shape immigration law.
NFL Playoffs 2016: 5 reasons the Minnesota Vikings still make it
The Minnesota Vikings started the 2016-17 NFL season with such promise. Last season, head coach Mike Zimmer led the team to a 11-5 season and an NFC North title. The Vikings came into this season as presumptive Super Bowl contenders. A superstar running back and developing, young quarterback behind an experienced offensive line was a recipe for offensive success. There was little question the defense would be one of the best in the NFL. A 5-0 start to the season reflected these beliefs.
Chicago White Sox fans react to Sale, Eaton trades
In 2005 the Chicago White Sox went 99-63 in the regular season. They defeated the Los Angeles Angels, 4-1, for their first AL Championship since 1959. They swept the Houston Astros on their way to their first World Series Championship since 1917. Yet there has not been very much success for the franchise since. The overall record of the White Sox since that 2005 season is 872-911 (.489). The team has finished above .500 once in the past 5 years.
5 reasons the Patriots will still go to Super Bowl 51 without Rob Gronkowski
When New England Patriots tight end Rob Gronkowski ruptured a disk in his back the team initially expected he would return relatively quickly. The Patriots then announced, however, that following surgery Gronkowski would most likely miss the rest of the regular season as well as the playoffs. This was made official today as Gronkowski was placed on IR.
5 NBA teams that should start tanking now
The 2016-17 NBA regular season is still in its infancy. We have little info on what teams are good and what teams are bad. The Los Angeles Clippers, Golden State Warriors, San Antonio Spurs, and the Cleveland Cavaliers are good — that’s fairly apparent. The Philadelphia 76ers, Brooklyn Nets, New Orleans Pelicans, and the Dallas Mavericks are bad — we do know that. What about the other 22 teams that make up the National Basketball Association? The rest is muddled.
Conversation with @sannewman and @TWalk
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INTERVIEW-Poland's Mr Euro says 2012 doable despite crisis
* ERM-2 entry seen more likely in second half of this year * Document outlining conditions for entry set to be approved * Political opposition to euro plans seen weakening By Gareth Jones and Adam Cox WARSAW, April 24 (Reuters) - Poland is unlikely to join the European Exchange Rate Mechanism (ERM-2) in the first half of 2009 but it can still adopt the euro as planned in 2012, the minister responsible for the single currency said on Friday.
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