Emily Chertoff
"DOJ sues entire federal district court in Maryland over policy on immigration cases," NPR, July 8, 2025, featuring Professor Emily Chertoff. "8 Maryland sheriffs’ offices now partner with ICE, claiming it protects communities. Immigrant advocates say the opposite," The Baltimore Sun, July 3, 2025, featuring Associate Professor Emily R. Chertoff. "'Disappeared in the United States' Protests Spread! ICE Agents Masked and Arrested People, Causing Panic," coverage in TVBS, June 26, 2025, featuring Professor Emily Chertoff.
"Deported Migrant Denied Return | Law Professor Discusses U.S. Immigration Controversy," coverage in Dawn News, June 24, 2025, featuring Associate Professor Emily Chertoff. I am a scholar of migration and administrative law and an Associate Professor of Law at Georgetown. My work asks what the real-world behavior of state institutions, like immigration agencies and agencies that use physical force, can tell us about prevailing models and big concepts in my fields. On the migration side, I study immigration control and alternative ways to regulate migration. Currently, I am researching the relationship between legal regulation of asylum, state-building, and national identity over time and across different societies.
On the administrative law side, I study the relationship between state violence and administration and the legal regulation of enforcement. Before joining the academy, I was an attorney. I did immigration work across many different settings, often working directly with asylum seekers and immigrants, including many who were detained. My work included COVID-19 emergency habeas litigation and Ninth Circuit appellate practice. Between 2020 and 2022, the state-level advocacy organization I directed successfully campaigned for and worked to establish the United States’ second state-funded child immigrant defense program. From 2022-2024, I was an Academic Fellow at Columbia Law School.
My scholarship is published or forthcoming in the California Law Review, Yale Law Journal, Texas Law Review, Maryland Law Review, and Texas International Law Journal. I received my J.D. from Yale Law School in 2017, where I was an editor of the Yale Law Journal and the Yale Journal of International Law. Today’s Ad Law Reading Room entry is “The Administrative State’s Second Face,” by Emily Chertoff and Jessica Bulman-Pozen, which is forthcoming in the NYU Law Review. Here is the abstract: We often assume that there is one administrative state, with one body of administrative law that governs it.
In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies. This Article delineates the two faces of the administrative state. It provides a descriptive account of the second face and the distinctive administrative law that governs it. While first-face administrative law demands delegated authority, transparent justification, and democratic collaboration, second-face administrative law allows agencies to operate without specific grants of power, to process knowledge in secret, and to control populations. Second-face administrative law inverts the ordinary norms of first-face administrative law.
And where the first face drives legal and political conflict, the second face enjoys consensus. Bringing the second face into view qualifies talk of an ongoing “attack” on the administrative state. It calls attention to neglected issues of enforcement, allows us to analyze how administrative law supports an interrelated set of violent state structures, and reveals that consensus support for second-face agencies is misguided. Those who seek to combat government overreach and to protect liberty and popular self-governance should turn their attention to the administrative state’s second face. This Article serves as a powerful summation of several nascent trends in administrative-law scholarship as well as an illuminating roadmap for future work. Those trends include a renewed interest in enforcement and the administrative state as a realm of state violence; increased attention to defense, national security, and carceral institutions as sites of inquiry; and a burgeoning...
In bringing together these pieces, “The Administrative State’s Second Face” complicates the story that paints a singular administrative state under increasing threat. In fact, Chertoff and Bulman-Pozen contend that certain agencies (those of the “second face”) have in fact been thriving, often feeding off legal standards that appear almost the opposite of those that work to... An important and eye-opening piece. Emily Chertoff is a JD student at Yale Law School and a fellow at the Center for Global Legal Challenges. She focuses on international humanitarian and human rights law and policy. Before law school, she worked as a journalist for magazines in the United States and West Africa, and has published articles in Foreign Policy and The Atlantic.
And how online courses might only exacerbate the problem Any attempt to understand the Tsarnaevs's terrorism will fail unless it considers the simmering despair of America's twentysomethings. Google benefits if we associate it with a certain type of progressive politics. Conservative? Progressive? Liberation theologist?
These terms mean different things to Latin Americans than they do to people in the U.S. Emily Chertoff is an associate professor at Georgetown Law Center. EMILY REBECCA CHERTOFF (Registration #5635511) is an attorney in Washington admitted in New York State in 2018, registered with the Office of Court Administration (OCA) of New York State Unified Court System. The employer is GEORGETOWN UNIVERSITY LAW CENTER. The attorney was graduated from Yale Law School. The registered office location is at 600 New Jersey Ave Nw, Washington, DC 20001-2022, with contact phone number (202) 662-9000.
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"DOJ Sues Entire Federal District Court In Maryland Over Policy
"DOJ sues entire federal district court in Maryland over policy on immigration cases," NPR, July 8, 2025, featuring Professor Emily Chertoff. "8 Maryland sheriffs’ offices now partner with ICE, claiming it protects communities. Immigrant advocates say the opposite," The Baltimore Sun, July 3, 2025, featuring Associate Professor Emily R. Chertoff. "'Disappeared in the United States' Protests Spread...
"Deported Migrant Denied Return | Law Professor Discusses U.S. Immigration
"Deported Migrant Denied Return | Law Professor Discusses U.S. Immigration Controversy," coverage in Dawn News, June 24, 2025, featuring Associate Professor Emily Chertoff. I am a scholar of migration and administrative law and an Associate Professor of Law at Georgetown. My work asks what the real-world behavior of state institutions, like immigration agencies and agencies that use physical force...
On The Administrative Law Side, I Study The Relationship Between
On the administrative law side, I study the relationship between state violence and administration and the legal regulation of enforcement. Before joining the academy, I was an attorney. I did immigration work across many different settings, often working directly with asylum seekers and immigrants, including many who were detained. My work included COVID-19 emergency habeas litigation and Ninth C...
My Scholarship Is Published Or Forthcoming In The California Law
My scholarship is published or forthcoming in the California Law Review, Yale Law Journal, Texas Law Review, Maryland Law Review, and Texas International Law Journal. I received my J.D. from Yale Law School in 2017, where I was an editor of the Yale Law Journal and the Yale Journal of International Law. Today’s Ad Law Reading Room entry is “The Administrative State’s Second Face,” by Emily Chertof...
In Fact, The Administrative State Has Two Distinct Faces: One
In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies. This Article delineat...