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Winter 2011 - The Decade After 9/11

Volume 38 Issue 1  


Human Rights

9/11 and the Transformation of U.S. Immigration Law and Policy

Due to a heightened focus on national security since the 9/11 attacks, the federal government has increased its oversight of noncitizens who seek to enter the United States and has imposed restrictions on new arrivals to the country. The government also has used immigration law and policy to detect and expel person who might engage in terrorist or criminal activity, resulting in an increase in detentions and deportations.

Human Rights

The Supreme Court, the War on Terrorism, and the Separation of Powers

Although the Supreme Court since September 11 has repeatedly asserted the role of the federal courts as a means of protecting the separation of powers, the Court has seen no need to do anything more—including its refusal to review myriad lower-court decisions barring redress for some of the most serious civil liberties abuses of the past decade. As a result, the Court's jurisprudence appears to reflect a very different view of the separation of powers than the view that prevailed before the towers fell.