Emily Chertoff Lawfare

Jessica Bulman-Pozen and Emily Chertoff discuss how judicial and political actors treat the two faces of the administrative state: one turned toward benefits and regulation, and one turned toward physical force and surveillance. https://lnkd.in/eU6dT-UH "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. Temporary Blocks: What You Need to Know about TROs and Preliminary Injunctions Suzanne Goldberg explained the difference between temporary restraining orders (TROs) and preliminary injunctions, both of which are forms of provisional relief that courts have granted in various cases brought against the Trump administration.

A TRO lasts no more than 14 days and is granted to prevent the defendant from causing irreparable harm, while a preliminary injunction is long term and can only be granted if the plaintiff's... But a TRO is essentially a short-term, partial band-aid for a party that fears irreparable harm, since lawsuits ordinarily last far longer than two weeks. For protection from irreparable harm throughout the litigation, a party will ask for a preliminary injunction in addition to or instead of a TRO. (That choice depends on how quickly the harm is likely to occur—if it’s right away, the party will usually request a TRO to keep the status quo in place while the court decides whether... All’s Well That Ends Well? Legal Complications of a Russia-Ukraine Ceasefire

Julia Kepczynska and Ania Zolyniak warned against conflating a ceasefire in Ukraine with an end to the conflict and sustained peace. Kepczynska and Zolyniak highlighted the legal complexities of a ceasefire, including the responsibilities of the state governing occupied territory, Ukraine and Russia’s dueling goals for a ceasefire, the implications of recognizing an agreement, and... ​​ 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. 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. The Refugee Physicians Advocacy Coalition, an affiliate of Their Story is Our Story, was pleased to host a “Know Your Rights” information session featuring guest presenter, Professor Emily R. Chertoff. Professor Chertoff is an associate professor of law at Georgetown Law School. Her research focuses on transformations in the administration of law enforcement, particularly immigration enforcement. Before joining the academy, she served as the first Executive Director of the New Jersey Consortium for Immigrant Children, an advocacy coalition that won state-funded legal services for immigrant youth.

She also was a Staff Attorney and Yale Public Interest Fellow at Immigrant Defenders Law Center, where she helped build an impact litigation and appellate advocacy practice. Her work included emergency COVID-19 habeas practice, Ninth Circuit litigation, and direct representation of detained people. It is within the first amendment rights to record, but doing so may escalate an aggressive response from law enforcement If you are trying to help someone who is being detained, try to get the arrested person’s name and a contact number for a loved one to be able to inform their loved one... The grounds for denaturalization by law are limited to committing fraud (lying about something in your immigration process). This is difficult to prove and would be a long process for the government to pursue.

The attack on the administrative state takes on only half of it—the wrong half. Published by The Lawfare Institute in Cooperation With In many ways, the first month of the second Trump administration has been shocking. The President has quickly and emphatically demonstrated his contempt for the Constitution, for Congress and the courts, and for federal workers and foreign allies alike. But if some of the particulars have come as surprises, the basic outlines of the administration’s plan to decimate the regulatory and service-providing portions of government while consolidating and building executive enforcement capacity were... Shortly after his election, Trump announced that Elon Musk would “pave the way for my Administration to dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies.” The America First Policy...

Trump’s own flood of executive orders targets independent agencies and civil servants, among others. At the same time as it strikes at regulatory agencies, the Trump administration has been arrogating agency resources for a mass deportation plan that Stephen Miller calls “an undertaking every bit as . . . ambitious as building the Panama Canal.” Even as it attempts to purge FBI agents seen as insufficiently loyal, the administration has detailed FBI and DEA officers and U.S. Marshals to interior enforcement work.

It has used military planes for removals and the Guantanamo military base for immigration detention, and it is actively “ramping up plans to detain undocumented immigrants at military sites across the United States.” As... military capacity, increasing the number and authority of ICE officers, and devolving power to law enforcement field offices.

People Also Search

• Emily Chertoff | Lawfare
• Articles by Emily Chertoff's Profile | The Atlantic, Lawfare Journalist ...
• The Administrative State's Two Faces | The Lawfare Institute
• Emily Chertoff - Georgetown Law
• Today on Lawfare: Feb. 24, 2025 - Lawfare
• Emily Chertoff
• Emily Chertoff - Just Security
• Georgetown Law Professor Presents "Know… | Their Story is Our Story
• The Administrative State's Two Faces | Lawfare
• Emily Chertoff's Profile | The Atlantic, Lawfare Journalist | Muck Rack