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Weekly Roundup: Jan 23

PUBLISHED

At the Blog

On Tuesday, Nathan Yaffe explained how immigration agencies’ are now openly defying federal courts. In more than 1,600 habeas cases, federal judges have ruled that ICE is breaking the law by imposing blanket mandatory detention on people in immigration proceedings. Yet ICE continues to enforce the policy, effectively nullifying judicial oversight through sheer scale. Perhaps most worrisome, ICE and EOIR are engaged in widespread defiance of a recent decision, Maldonado Bautista v. Santacruz, granting declaratory relief to a nationwide class comprising a significant portion of those targeted by the new mandatory detention policy.

On Thursday, Sabeel Rahman and Jocelyn Simonson challenged the idea that law review articles should conclude with a set of actionable prescriptions. Though well-intentioned, this convention constrains ambition, sidelines critique, and conflates near-term feasibility with rigor. In a moment of institutional unraveling and authoritarian threat, legal scholars should resist the Part IV reflex and make space for bolder analyses, longer horizons, and more collective ways of imagining change.

In LPE Land

ICE lawlessness tracker: this week, it has been revealed that the agency is secretly subverting the Fourth Amendment and has stopped paying for detainee medical treatment.

At Phenomenal World, Michael Macher examines the bipartisan origins of Trump’s immigration crackdown.

At Labor Politics, Eric Blanc, Claire Sandberg, and Wes McEnany argue that workers and consumers should pressure businesses to break from ICE.

Mamdani coverage: Dissent has a special issue devoted to the challenges of municipal socialism, while at the Boston Review, David Austin Walsh discusses doing socialism in one city. And if you aren’t already, make sure to follow the New York City Policy Forum, the hot new publication dedicated to governance in New York City.

In Science, Alondra Nelson examines the Trump administration’s more intensive and less transparent approach to AI regulation.

At Legal Planet, William Boyd explains why the new White House initiative urging the largest wholesale electricity market in the United States to adopt emergency auctions will do little to reduce electricity prices.

New article alert: “An Antitrust Exemption for Collective Bargaining by Independent Contractors,” by Vincent Mancini, Marshall Steinbaum, and Robert Stutchbury.