Peter Margulies
@pmargs.bsky.social
Prof, Roger Williams University School of Law, teaching National Security and Immigration; loves music, esp. Miles, Mozart & Monk; learns daily "complexity of objects and imperfections of human faculties" (Madison, F 37). .. more
Prof, Roger Williams University School of Law, teaching National Security and Immigration; loves music, esp. Miles, Mozart & Monk; learns daily "complexity of objects and imperfections of human faculties" (Madison, F 37).
Political science
69%
Sociology
12%
Peter Margulies
@pmargs.bsky.social
· Apr 12
7) If the Board of Immigration Appeals affirms Judge Coman’s decision, SCOTUS may ultimately decide whether the case of #Khalil becomes a comparable milestone
Peter Margulies
@pmargs.bsky.social
· Apr 12
6) There’s no clear statement in the foreign-policy provision; an analogous clear statement test in Ex parte Endo helped end the Japanese-American internment and in Kent v. Dulles dimmed the McCarthy Era blacklist
Peter Margulies
@pmargs.bsky.social
· Apr 12
The Khalil Case and the Difference Lawful Permanent Resident Status Makes
Without a clear statement from Congress signaling that this broad authority extends to LPRs, courts should hold that LPRs are beyond the provision’s scope.
www.lawfaremedia.org
5) David Martin & I have explained that a statute that ends LPR status so abruptly must include a “clear statement” that Congress planned this outcome: www.lawfaremedia.org/article/the-...
Peter Margulies
@pmargs.bsky.social
· Apr 12
4) For LPRs, who have reasonably relied on building a life in the US, such amorphous charges don’t provide the clear notice that Due Process requires
Peter Margulies
@pmargs.bsky.social
· Apr 12
Pressed for evidence against Mahmoud Khalil, government cites its power to deport people for beliefs
The U.S. government has submitted a two-page memo from Secretary of State Marco Rubio as its main evidence in its deportation case against Columbia University activist Mahmoud Khalil.
apnews.com
3) To meet this test, Sec’y of State Rubio asserted that Khalil had engaged in “antisemitic protests & disruptive activities”—there’s nothing more concrete in Sec’y Rubio’s letter: apnews.com/article/mahm...
Peter Margulies
@pmargs.bsky.social
· Apr 12
2) In cases of political speech, INA sec. 1227(a)(4)(C), which Judge Coman cited, turns on the Secretary of State’s discretion to find that a noncitizen whom the provision covers has compromised a “compelling US foreign policy interest”
Peter Margulies
@pmargs.bsky.social
· Apr 12
1) The immigration case of LPR Mahmoud #Khalil is in opening rounds; Immigration Judge Jamee Coman’s finding of removability under the INA’s foreign-policy provision does not herald the case’s outcome: www.nytimes.com/2025/04/11/n...
Peter Margulies
@pmargs.bsky.social
· Apr 11
13) SG invocation of intrusive NLRB rulemaking chases a chimera, not an actual risk
Peter Margulies
@pmargs.bsky.social
· Apr 11
12) The collapse of the Biden joint-employer rule has pushed the NLRB back to its adjudicatory origins, with no forays into regs on the horizon
Peter Margulies
@pmargs.bsky.social
· Apr 11
11) Biden reg w/ broad definition of joint employer foundered due to clash with underlying statute & Loper Bright’s overruling of Chevron deference
Peter Margulies
@pmargs.bsky.social
· Apr 11
10) Both Trump I and Biden hoped to provided more stable guidance thru regs
Peter Margulies
@pmargs.bsky.social
· Apr 11
9) NLRB had earlier provided this guidance through adjudication, with oscillating outcomes that varied with POTUS
Peter Margulies
@pmargs.bsky.social
· Apr 11
8) Identity of employer is ancillary to NLRB’s decisions re whether employer has committed unfair labor practices
Peter Margulies
@pmargs.bsky.social
· Apr 11
7) The Biden admin. joint-employer rule with broad definition sought to replace narrower Trump I rule
Peter Margulies
@pmargs.bsky.social
· Apr 11
6) But this exception proves the rule of NLRB preference for adjudication over regs
Peter Margulies
@pmargs.bsky.social
· Apr 11
5) SG makes much of tangled NLRB rulemaking re “joint employer” who can be liable for unfair labor practices; this definition matters for firms contracting for services from other companies
Peter Margulies
@pmargs.bsky.social
· Apr 11
4) Preference for adjudication over rulemaking dates to the NLRB’s founding
Peter Margulies
@pmargs.bsky.social
· Apr 11
3) Bulk of NLRB activity is adjudicatory, which can breed “policy oscillation” w/ changes in administration, per NYU labor prof Sam Estreicher: scholarlycommons.law.emory.edu/cgi/viewcont...
Peter Margulies
@pmargs.bsky.social
· Apr 11
2) SG says rulemaking is executive in nature, not adjudicatory, and points to regs from NLRB, but gov’t overstates the case
Peter Margulies
@pmargs.bsky.social
· Apr 11
www.supremecourt.gov
1) One issue in #HumphreysExecutor case Trump v. Wilcox is nature of power exercised by @NLRB and @USMSPB, which SG raised in stay request to SCOTUS (admin. stay by CJ): www.supremecourt.gov/DocketPDF/24... from 2_Wilcox-Harris%20Appl.pdf (🧵from X)
Peter Margulies
@pmargs.bsky.social
· Apr 10
The Khalil Case and the Difference Lawful Permanent Resident Status Makes
Without a clear statement from Congress signaling that this broad authority extends to LPRs, courts should hold that LPRs are beyond the provision’s scope.
www.lawfaremedia.org
In case of LPR protester Mahmoud #Khalil, vagueness and lack of notice still mar the government’s immigration filings, which allege amorphous “antisemitic protests & disruptive activities.” David Martin & I explain that Due Process requires more: www.lawfaremedia.org/article/the-...
Peter Margulies
@pmargs.bsky.social
· Apr 10
The Khalil Case and the Difference Lawful Permanent Resident Status Makes
Without a clear statement from Congress signaling that this broad authority extends to LPRs, courts should hold that LPRs are beyond the provision’s scope.
www.lawfaremedia.org
In case of LPR protester Mahmoud #Khalil, vagueness and lack of notice still mar the government’s immigration filings, which allege amorphous “antisemitic protests & disruptive activities.” David Martin & I explain that Due Process requires more: www.lawfaremedia.org/article/the-...
Peter Margulies
@pmargs.bsky.social
· Apr 10
The Khalil Case and the Difference Lawful Permanent Resident Status Makes
Without a clear statement from Congress signaling that this broad authority extends to LPRs, courts should hold that LPRs are beyond the provision’s scope.
www.lawfaremedia.org
In case of LPR protester Mahmoud #Khalil, vagueness and lack of notice still mar the government’s filings, which allege amorphous "antisemitic protests & disruptive activities." David Martin & I explain that Due Process requires more: www.lawfaremedia.org/article/the-...
Peter Margulies
@pmargs.bsky.social
· Apr 10
The Khalil Case and the Difference Lawful Permanent Resident Status Makes
Without a clear statement from Congress signaling that this broad authority extends to LPRs, courts should hold that LPRs are beyond the provision’s scope.
www.lawfaremedia.org
In case of LPR protester Mahmoud #Khalil, vagueness and lack of notice still mar the government’s immigration filings; David Martin & I explain that Due Process requires more: www.lawfaremedia.org/article/the-...
Peter Margulies
@pmargs.bsky.social
· Apr 10
7) INA sec. 1227(a)(4)(C), the basis for Sec’y Rubio’s letter, only cites “adverse foreign policy consequences” to the US, but doesn’t expressly include LPRs; courts should read this provision as not applying to LPRs, given their reliance interests
Peter Margulies
@pmargs.bsky.social
· Apr 10
The Khalil Case and the Difference Lawful Permanent Resident Status Makes
Without a clear statement from Congress signaling that this broad authority extends to LPRs, courts should hold that LPRs are beyond the provision’s scope.
www.lawfaremedia.org
6) David Martin & I have explained that Congress needs to provide a “clear statement” that it planned such an abrupt end to an LPR’s status: www.lawfaremedia.org/article/the-...
Peter Margulies
@pmargs.bsky.social
· Apr 10
5) #SCOTUS has long held that loss of LPR status is the “equivalent of banishment”
Peter Margulies
@pmargs.bsky.social
· Apr 10
4) “Antisemitic protests” & “disruptive activities” are amorphous, debatable terms that include a vast range of speech and conduct, from criticism of gov’t policy to raised voices on public sidewalks
Peter Margulies
@pmargs.bsky.social
· Apr 10
3) Especially for LPRs, who have a substantial reliance interest in remaining in the US, removal based on “antisemitic protests & disruptive activities” doesn’t provide the notice that Due Process requires for LPRs
Peter Margulies
@pmargs.bsky.social
· Apr 10
Pressed for evidence against Mahmoud Khalil, government cites its power to deport people for beliefs
The U.S. government has submitted a two-page memo from Secretary of State Marco Rubio as its main evidence in its deportation case against Columbia University activist Mahmoud Khalil.
apnews.com
2) Sec’y of State Rubio has now flagged “antisemitic protests & disruptive activities” and—in a reference to another unnamed LPR—“citations for unlawful activity”: apnews.com/article/mahm...