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Index/Topics/Immigration and Protest Contexts

Immigration and Protest Contexts

The use of the Insurrection Act in immigration and protest contexts, and the resulting litigation and judicial decisions.

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Jan 25, 2026
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How have courts interpreted the president’s authority under the Insurrection Act and emergency powers in recent decisions?

Recent judicial decisions have pushed back against executive claims of unchecked power under the and related emergency authorities, holding that presidential invocations are reviewable and limited by ...

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