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).
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
April 12, 2025 at 12:08 AM
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
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
April 12, 2025 at 12:08 AM
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
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-...
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
April 12, 2025 at 12:08 AM
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-...
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
April 12, 2025 at 12:08 AM
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
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...
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
April 12, 2025 at 12:08 AM
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...
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”
April 12, 2025 at 12:08 AM
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”
13) SG invocation of intrusive NLRB rulemaking chases a chimera, not an actual risk
April 11, 2025 at 7:28 PM
13) SG invocation of intrusive NLRB rulemaking chases a chimera, not an actual risk
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
April 11, 2025 at 7:28 PM
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
11) Biden reg w/ broad definition of joint employer foundered due to clash with underlying statute & Loper Bright’s overruling of Chevron deference
April 11, 2025 at 7:28 PM
11) Biden reg w/ broad definition of joint employer foundered due to clash with underlying statute & Loper Bright’s overruling of Chevron deference
10) Both Trump I and Biden hoped to provided more stable guidance thru regs
April 11, 2025 at 7:28 PM
10) Both Trump I and Biden hoped to provided more stable guidance thru regs
9) NLRB had earlier provided this guidance through adjudication, with oscillating outcomes that varied with POTUS
April 11, 2025 at 7:28 PM
9) NLRB had earlier provided this guidance through adjudication, with oscillating outcomes that varied with POTUS
8) Identity of employer is ancillary to NLRB’s decisions re whether employer has committed unfair labor practices
April 11, 2025 at 7:28 PM
8) Identity of employer is ancillary to NLRB’s decisions re whether employer has committed unfair labor practices
7) The Biden admin. joint-employer rule with broad definition sought to replace narrower Trump I rule
April 11, 2025 at 7:28 PM
7) The Biden admin. joint-employer rule with broad definition sought to replace narrower Trump I rule
6) But this exception proves the rule of NLRB preference for adjudication over regs
April 11, 2025 at 7:28 PM
6) But this exception proves the rule of NLRB preference for adjudication over regs
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
April 11, 2025 at 7:28 PM
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
4) Preference for adjudication over rulemaking dates to the NLRB’s founding
April 11, 2025 at 7:28 PM
4) Preference for adjudication over rulemaking dates to the NLRB’s founding
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...
April 11, 2025 at 7:28 PM
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...
2) SG says rulemaking is executive in nature, not adjudicatory, and points to regs from NLRB, but gov’t overstates the case
April 11, 2025 at 7:28 PM
2) SG says rulemaking is executive in nature, not adjudicatory, and points to regs from NLRB, but gov’t overstates the case
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-...
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
April 10, 2025 at 7:52 PM
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-...
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-...
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
April 10, 2025 at 7:47 PM
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-...
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-...
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
April 10, 2025 at 7:46 PM
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-...
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-...
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
April 10, 2025 at 7:42 PM
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-...
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
April 10, 2025 at 7:35 PM
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