By Shoba Sivaprasad Wadhia and Peter Margulies 

The current Administration's approach to immigration law enforcement has augmented executive power and reduced procedural safeguards. That approach has raised questions under the Immigration and Nationality Act (INA) and the Constitution. Courts have often pushed back, although the Supreme Court has stayed judicial curbs on one area we'll discuss: Removal to a country other than the home country of the noncitizen (sometimes called third-country removal (TCR)). In other areas, such as the First Amendment rights of foreign students and the reach of the Alien Enemies Act (AEA), adjudication is moving through the courts, although the Supreme Court has imposed limits on the use of the AEA.