Cristina Rodríguez
Leighton Homer Surbeck Professor of Law and Counselor to the Dean
Cristina M. Rodríguez is the Leighton Homer Surbeck Professor of Law and Counselor to the Dean at Yale Law School. Her fields of research and teaching include constitutional law and theory, immigration law and policy, administrative law and process, and citizenship theory.
FULL BIOGRAPHY
Contact Information
- Room 231
- 203-432-1126
- cristina.rodriguez@yale.edu
Faculty Assistant
Darcy Smith
- 220
- 203-432-6769
- darcy.smith@yale.edu
Education & Curriculum Vitae
J.D., Yale Law School, 2000
M.Litt., University of Oxford, 1998
B.A., Yale University, 1995
Courses Taught
- Administrative Law
- Constitutional Law
- Immigration Law
Cristina M. Rodríguez is the Leighton Homer Surbeck Professor of Law and Counselor to the Dean at Yale Law School. Her fields of research and teaching include constitutional law and theory, immigration law and policy, administrative law and process, and citizenship theory. In 2021, she was appointed by President Biden to co-chair the Commission on the Supreme Court of the United States. Her recent writings include the 2020 Foreword to the Harvard Law Review, “Regime Change,” and the book, The President and Immigration Law, co-authored with Adam Cox and published by Oxford University Press in September 2020. In recent years, her work has focused on the relationships between administrative and executive governance and democratic politics and decisionmaking. She has turned to immigration law and related areas as vehicles through which to explore how the allocation and exercise of power (through federalism, the separation of powers, and the structure of the bureaucracy) shapes the management and resolution of legal and political conflict. Her work also has examined the effects of immigration on society and culture, as well as the legal and political strategies societies adopt to absorb immigrant populations. Rodríguez joined Yale Law School in 2013 after serving for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. She was on the faculty at the New York University School of Law from 2004–2012 and has been Visiting Professor of Law at Stanford, Harvard, and Columbia Law Schools. She is a member of the American Academy of Arts and Sciences and the American Law Institute, a trustee and non-resident fellow of the Migration Policy Institute in Washington, D.C., and a past member of the Council on Foreign Relations. She earned her B.A. and J.D. degrees from Yale and attended Oxford University as a Rhodes Scholar, where she received a Master of Letters in Modern History. Following law school, Rodríguez clerked for Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit and Justice Sandra Day O’Connor of the U.S. Supreme Court.
Tuesday, November 15, 2022
Diversity on Trial: Affirmative Action’s Michigan Test
Bloomberg / UnCommon Law podcast
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 discusses issues around affirmative action at colleges and universities.
Wednesday, September 28, 2022
Former White House Counsel Launches Ludwig Citizenship and Equality Series
Dana Remus ’02, recently departed White House Counsel to President Joe Biden, spoke about her experience as the “lawyer for the Presidency” in a wide-ranging conversation with Professor Cristina Rodriguez ’00 on Sept 20.
Tuesday, May 24, 2022
Professor Rodríguez Elected to American Law Institute Council
The American Law Institute (ALI) has elected Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 to its Council.
Tuesday, December 7, 2021
Biden Group Adopts Final Report On Supreme Court Reform
Law360
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted on the approval of a final report by the commission formed by President Biden to examine potential Supreme Court reforms.
Tuesday, September 7, 2021
What the U.S. Constitution Says About Immigration
WDET / Detroit Today
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 and Ilya Somin ’01 discussed what the Constitution says about immigration.
Wednesday, June 30, 2021
Experts Debate Reducing the Supreme Court’s Power to Strike Down Laws
The New York Times
A news story on a hearing of President Biden’s commission on judicial branch reform includes that the commission is co-chaired by Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 and quotes testimony from Henry R. Luce Professor of Jurisprudence Samuel Moyn. Arthur Liman Professor of Law Judith Resnik also testified.
Wednesday, May 19, 2021
“We Definitely Have Our Work Cut Out for Us.” Biden’s Supreme Court Commission Holds Its First Public Meeting.
The New York Times
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article in The New York Times about President Biden’s commission to evaluate Supreme Court reform.
Friday, May 7, 2021
Foundations Lecture Series Held at Yale Law School
This spring, the newly launched Foundations Lecture Series featured lectures given by members of the Yale Law School faculty.
Wednesday, April 14, 2021
Yale Law Faculty, Alumni Named to Presidential Commission on Supreme Court Reform
A new Presidential Commission on Supreme Court Reform will be co-chaired by Leighton Homer Surbeck Professor of Law Professor Cristina Rodríguez ’00 and includes a total of 14 Yale Law School faculty and alumni.
Monday, February 8, 2021
Denise Merrill On The Future of Voting in Connecticut
WNPR / Where We Live
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 was interviewed on WNPR about President Joe Biden’s use of executive orders.
Monday, January 25, 2021
Undoing Trump Policies Will Take More Than Executive Orders By Biden
NPR / Morning Edition
Leighton Homer Surbeck Professor Cristina Rodríguez ’00 spoke to NPR’s Morning Edition about President Biden’s ability to reverse Trump administration policies.
Friday, January 22, 2021
Fixing Trump’s damage to government will take more than executive orders — A Commentary by Cristina Rodríguez ’00
The Washington Post
Cristina Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School.
Friday, January 22, 2021
Texas Files Lawsuit Over Biden’s Deportation Pause
The Wall Street Journal
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in the Wall Street Journal about a suit filed in Texas over President Biden’s order to pause deportations for 100 days.
Monday, October 12, 2020
The President and Immigration Law: Introduction to a Just Security Series — A Commentary by Cristina Rodríguez ’00 and Adam B. Cox
Just Security
Cristina Rodríguez ’00 is the Leighton Homer Surbeck Professor of Law at Yale Law School.
Tuesday, October 6, 2020
Closing the Nation’s Doors — A Commentary by Cristina Rodríguez ’00
Democracy: A Journal of Ideas
Cristina Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School.
Monday, October 5, 2020
John Roberts faces a new round of legacy-defining turmoil
CNN
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 was interviewed on CNN about Chief Justice John Roberts.
Monday, September 28, 2020
COVID and the Global Order
A new virtual discussion series cosponsored by the Center for Global Legal Challenges at Yale Law School and Yale’s Jackson Institute will explore the effects of the coronavirus pandemic on the global order.
Monday, August 31, 2020
The President and Immigration Law
In her new book, The President and Immigration Law, Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 examines how immigration policy became concentrated in the hands of the president and whether this state of affairs should give us pause.
Tuesday, August 4, 2020
How the President Became Deporter in Chief
Slate
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 was interviewed in Slate about “The President and Immigration Law,” her new book co-authored with Adam Cox, a law professor at NYU School of Law.
Friday, July 24, 2020
Constitutional scholars are alarmed by Trump's planned 'surge' of federal agents to major US cities
Business insider
Leighton Homer Surbeck Professor of Law Cristina Rodriguez ’00 is quoted in a Business Insider article about the surge of federal law enforcement into cities around the country.
Wednesday, July 22, 2020
Did the Supreme Court grant Trump new powers to reshape immigration and health care?
PolitiFact
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in PolitiFact about whether the Supreme Court's DACA decision gave the President power over the ACA.
Tuesday, July 14, 2020
Trump’s War on International Students
The American Prospect
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in The American Prospect about the new proposed guidelines around international students.
Monday, June 22, 2020
The Supreme Court’s Ominous DACA Decision: Perils for Dreamers in What Comes Next — A Commentary by Cristina Rodríguez ’00 and Adam Cox
Just Security
Cristina Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School. Adam B. Cox is Robert A. Kindler Professor of Law at NYU.
Sunday, June 21, 2020
A Q&A with Professor Cristina Rodríguez ’00 on DACA
A Q&A with Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 on the Supreme Court's DACA ruling and what comes next to ensure protections for Dreamers.
Monday, May 4, 2020
Professor Rodríguez: What Is the Impact of Trump’s Immigration Order?
Professor Cristina Rodríguez '00 talked to the Yale School of Management about the consequences of the federal government's executive order on immigration during the COVID-19 pandemic.
Thursday, April 30, 2020
Trump’s COVID-19 Immigration Proclamation May Be Legal, But It’s Still an Abuse of Power — A Commentary by Cristina Rodríguez ’00 and Adam B. Cox
Cristina Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School. Adam B. Cox is Robert A. Kindler Professor of Law at NYU.
Friday, April 24, 2020
Cristina Rodríguez Elected to the American Academy of Arts & Sciences
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 has been elected to the 2020 member class of the American Academy of Arts & Sciences.
Saturday, May 4, 2019
Three Questions: Prof. Cristina Rodríguez on the Immigration Crises
Leighton Homer Surbeck Professor of Law Cristina Rodríguez talks to Yale Insights about whether or not there is an immigration crisis at the southern border.
Monday, March 11, 2019
National Security Group Hosts Conversation with Eric Holder
On March 7, 2019, the Yale Law National Security Group hosted a conversation with former Attorney General Eric H. Holder, who led the Department of Justice from 2009 to 2015. Yale Law National Security Group copresidents Nikita Lalwani ’20 and Josh Rubin ’20 introduced Holder, and Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 moderated the discussion.
Monday, February 18, 2019
Trump Declared a Border Emergency. Here’s How It Could Be Undone in Court.
The New York Times
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted about various legal challenges to the national emergency declared by President Trump.
Friday, January 11, 2019
VERIFY: Yes, Congress can end the government shutdown without President Trump
WUSA
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 was a panel guest on WUSA where she discussed whether Congress can end the government shutdown without President Trump’s support.
Wednesday, October 24, 2018
Battling Dementia, Sandra Day O’Connor Leaves Public Life With Plea for Bipartisanship
The New York Times
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article about Justice Sandra Day O’Connor, who announced that she will retire from public life.
Thursday, July 19, 2018
Can Congress Subpoena The Interpreter From Trump’s Putin Meeting? Experts Aren’t Sure. Some constitutional scholars want lawmakers to try anyway.
Huffington Post
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article about whether the Senate can subpoena the U.S. interpreter who was in the room during the private meeting between President Trump and Vladimir Putin.
Monday, July 2, 2018
Just Security Podcast: Harold Koh and Cristina Rodríguez on the Travel Ban
Just Security
Sterling Professor of International Law Harold Hongju Koh and Leighton Homer Surbeck Professor of Law Cristina Rodríguez '00 were featured on a podcast discussing the travel ban.
Monday, June 25, 2018
What Rights Are Afforded To People Who Cross The U.S. Border Illegally
NPR/ All Things Considered
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is interviewed about the rights of those who cross the border illegally.
Monday, June 25, 2018
What constitutional rights do undocumented immigrants have?
PBS News Hour
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is interviewed about the rights of those who cross the border illegally.
Monday, February 26, 2018
Trump's legal team has a baffling new argument for why he shouldn't speak with Mueller
Business Insider
Leighton Homer Surbeck Professor of Law Cristina Rodríguez '00 is quoted in a story about possible precedents being set were President Trump agree to an interview with Robert Mueller.
Saturday, October 21, 2017
Rodríguez ’00 to Give Surbeck Inaugural Lecture on November 13
Professor Cristina Rodríguez's lecture will be titled “The President, Immigration Law, and the Politics of Constitutional Structure.”
Wednesday, September 27, 2017
Will Trump’s Latest Travel Ban Pass Muster With The Supreme Court?
WSHU
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in a story about President Trump’s latest travel ban.
Wednesday, September 6, 2017
Don’t Let Trump Hide Behind the Constitution in Ending DACA—A Commentary by Adam Cox and Cristina Rodríguez ’00
Just Security
Adam Cox is the Robert A. Kindler Professor of Law at NYU and Cristina Rodríguez ’00 is the Leighton Homer Surbeck Professor of Law at Yale Law School.
Wednesday, September 6, 2017
Yale Immigration Lawyer Doubts Congress Will Act On DACA
WNPR
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 was interviewed about whether Congress will act on DACA before the program ends in March of 2018.
Friday, July 21, 2017
How a Presidential Pardon Could Backfire
Time
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article about presidential pardons.
Tuesday, June 27, 2017
Why Donald Trump’s travel ban could meet an unexpected end
DW.com
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article about the Supreme Court’s ruling on the travel ban.
Thursday, June 8, 2017
Legal experts: Comey's testimony described serious misconduct by Trump including "abuse of power"
Media Matters
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article about former FBI director James Comey’s testimony before the Senate intelligence committee.
Tuesday, May 16, 2017
Trump's Flexing Of Executive Power Raises Legal Questions
Morning Edition
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is part of a panel discussing executive power.
Sunday, May 14, 2017
Fareed Zakaria/ GPS
CNN
Leighton Homer Surbeck Professor of Law Cristina Rodriguez ’00 was a guest where she discussed the firing of FBI director James Comey.
Wednesday, May 10, 2017
Podcast: Exploring the debate over ‘sanctuary cities’
National Constitution Center/ Constitution Daily
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 was a guest on a podcast, where she discussed the future of sanctuary cities.
Tuesday, February 21, 2017
DHS memos build a wall around the US without laying a brick—A Commentary by Cristina Rodríguez ’00
CNN Wire
Cristina Rodríguez ’00 is the Leighton Homer Surbeck Professor of Law at Yale Law School.
Wednesday, February 15, 2017
11 Top Constitutional Law Experts React to White House Stephen Miller’s Rejection of “Judicial Supremacy”
Just Security
J. Skelly Wright Professor of Law Heather Gerken and Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00, David Golove ’93 LLM ’99 JSD, Roderick Hills ’91, Dawn Johnsen ’86, and Pamela S. Karlan ’84 were among a group of constitutional law experts who replied to a query about comments made by Stephen Miller, the President’s Senior Policy Advisor.
Friday, February 10, 2017
The Legal Fight Over Trump’s Authority
Council on Foreign Relations
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 was interviewed about legal challenges to President Trump’s immigration order.
Thursday, February 9, 2017
Trump and the Immigration Bureaucracy: Should We Expect Civil Servants to Dissent?—A Commentary by Cristina Rodríguez ’00
Just Security
Cristina Rodríguez ’00 is the Leighton Homer Surbeck Professor of Law at Yale Law School.
Monday, February 6, 2017
President's International Travel Ban Blocked
WBUR/ On Point
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 was a guest where she discussed President Trump’s travel ban.
Tuesday, January 24, 2017
Law Professor Outlines Historical Use Of Presidential Executive Orders
NPR/ All Things Considered
Leighton Homer Surbeck Professor of Law Cristina Rodriguez ’00 was interviewed about the use of presidential executive orders.
Thursday, November 10, 2016
Dreamers Told Feds Where They Live. Will Trump Deport Them?
U.S. News & World Report
Leighton Homer Surbeck Professor of Law Cristina Rodriguez ’00 is quoted in article about the future of those granted protected status under the Deferred Action for Childhood Arrivals.
Friday, June 24, 2016
Dreamers' Nightmare Deferred by Supreme Court Immigration Split
US News
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article about the Supreme Court’s decision on President Obama’s immigration executive action.
Thursday, April 21, 2016
Podcast: Is President Obama’s immigration policy against the law?
National Constitution Center
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is interviewed about President Obama’s executive action on immigration.
Tuesday, April 19, 2016
Immigration Case in Supreme Court
Bloomberg Law
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 and Anil Kalhan ’99 discussed President Obama’s executive action on immigration during a radio segment.
Wednesday, January 20, 2016
Professor Rodríguez’s YLJ Article Analyzes Immigration Executive Action
The legal issues surrounding President Obama’s executive actions were explored in-depth recently in a Yale Law Journal article written by Professors Cristina M. Rodríguez of Yale Law School and Adam B. Cox of NYU School of Law. The article is titled “The President and Immigration Law Redux.”
Tuesday, January 19, 2016
Dreamers' Nightmare: DACA Dies If Obama Immigration Action Goes Down
US News and World Report
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article about the Supreme Court’s announcement that it will hear a lawsuit from 26 states challenging President Barack Obama’s stalled 2014 executive action on illegal immigrants currently living in the U.S.
Tuesday, December 8, 2015
Plan to Bar Foreign Muslims by Donald Trump Might Survive a Lawsuit
The New York Times
Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00 is quoted in an article about Donald Trump’s plan to ban Muslims from entering America.
Friday, November 21, 2014
Professors Koh and Rodríguez Sign Letter Deeming Obama Immigration Action Legal
Professors Koh and Rodríguez pen letter with other top legal scholars declaring President Obama's new immigration policy legal.
Wednesday, November 5, 2014
Professors Listokin, Priest, and Rodríguez Receive New Faculty Appointments
The Yale Corporation has voted to approve three new appointments to the Yale Law School faculty.
Monday, January 7, 2013
Cristina Rodríguez ’00 to Join Yale Law School Faculty as Professor of Law
Cristina Rodríguez ’00 will join the Yale Law School faculty as a professor of law on Jan. 28, 2013.
Wednesday, February 13, 2008
NYU Law’s Cristina Rodriguez ’00 To Discuss Immigration at Thomas Lecture March 10
NYU Law Professor Cristina Rodriguez ’00 will deliver the 2007-2008 James A. Thomas Lecture on March 10, speaking on “Burden Sharing in an Age of Migration.”
Books and Book Chapters
THE PRESIDENT AND IMMIGRATION LAW (with Adam B. Cox) (Oxford University Press, September 2020)
RACIAL JUSTICE AND LAW (Foundation Press) (1st ed. 2016) (with R. Richard Banks, Guy-Uriel Charles, and Kim Forde-Mazrui),
IMMIGRATION AND REFUGEE LAW & POLICY (with Stephen H. Legomsky) (Foundation Press 6th ed. 2015) (5th ed. 2009) (Supplements 2011 & 2013).
Language Rights and Migration, in THE ENCYCLOPEDIA OF GLOBAL HUMAN MIGRATION (Oxford University Press 2013)
Immigration and the Civil Rights Paradigm, in THE NEW BLACK: WHAT HAS CHANGED, AND WHAT HAS NOT, WITH RACE IN AMERICA (Guy-Uriel Charles & Ken Mack, eds., New Press 2013)
The Integrated Regime of Immigration Regulation, in WRITING IMMIGRATION: SCHOLARS AND JOURNALISTS IN DIALOGUE (Roberto Suro & Marcelo Suárez-Orozco, eds., University of California Press 2011)
The Constitutional Status of Irregular Migrants: Testing the Boundaries of Human Rights Protection in Spain and the United States, in ARE HUMAN RIGHTS FOR MIGRANTS? (Marie Dembour & Tobias Kelley, eds., Routledge 2011) (with Ruth Rubio-Marín)
Legal Limits on Immigration Federalism, in TAKING LOCAL CONTROL: IMMIGRATION POLICY ACTIVISM IN U.S. CITIES AND STATES (Monica Varsanyi, ed., Stanford University Press 2010) (with Muzaffar Chishti & Kimberly Nortman)
The Law of Language in the Classroom, in AFFIRMING STUDENTS’ RIGHT TO THEIR OWN LANGUAGE: BRIDGING EDUCATIONAL POLICIES TO LANGUAGE/LANGUAGE ARTS TEACHING PRACTICES (Dolores Straker, et al. eds., Routledge 2008)
Articles & Essays
The Supreme Court, 2020 Term—Foreword: Regime Change, 135 HARV. L. REV. 1 (2021)
Reading Regents and the Political Significance of Law, 2019 SUP. CT. REV. (2021)
Closing the Nation’s Doors, 60 Democracy: A Journal of Ideas (October 2020) (Symposium issue: Trump v. Democracy)
Trump v. Hawaii and the Future of Presidential Power and Immigration Law, ACS Supreme Court Review 2017–2018
Enforcement, Integration, and the Future of Immigration Federalism, 5 J. of Migration and Human Security 509 (2017)
Regulatory Pluralism and the Interests of Migrants, Immigration, Emigration, and Migration: NOMOS LVII (2017), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3513449
The President and Immigration Law Redux, 125 Yale L.J. 104 (2015) (with Adam B. Cox)
Complexity As Constraint, 115 Colum. L Rev. Sidebar 179 (2015) (a review of Jon Michaels, An Enduring, Evolving Separation of Powers, 115 COLUM. L. REV. 515 (2015))
Toward Detente in Immigration Federalism, 30 Virginia J. of Law & Politics 505 (2015) (symposium issue: The Future of Immigration Enforcement (in honor of retirement of David Martin))
Negotiating Conflict Through Federalism: Institutional and Popular Perspectives, 123 YALE L. J. 2094 (2014)
Legal Frameworks Affecting Immigrant Integration: Federal Baselines and Local Variation (working paper commissioned by National Academy of Sciences Committee on the Integration of Immigrants in U.S. Society) (October 2014) (utilized and excerpted in: The Integration of Immigrants into American Society (NAS Committee Report 2015)
Law and Borders, Democracy Journal (summer 2014)
Uniformity and Integrity in Immigration Law: Lessons from the Decisions of Justice (and Judge) Sotomayor, YALE L. J. FORUM (March 15, 2014).
Immigration, Civil Rights, and the Formation of the People, 142 DAEDELUS (2013)
Constraint through Delegation: The Case of Executive Control over Immigration Policy, 59 DUKE L.J. 1787 (2010) (reprinted in Immigration and Nationality Law Review (2012))
Non-citizen Voting and the Extra-constitutional Construction of the Polity, 8 I * CON, The International Journal of Constitutional Law 30 (2010)
Immigration and the Civil Rights Agenda, 6 STAN. J. C.R.-C.L. 123 (2010) (symposium issue: civil rights and the Obama administration) (reprinted in THE NEW BLACK: WHAT HAS CHANGED, AND WHAT HAS NOT, WITH RACE IN AMERICA (Guy-Uriel Charles & Ken Mack, eds., New Press 2013))
Transnational Regulation of Migration, 110 COLUM. L. REV. SIDEBAR 1 (2010) (reprinted in Migration, Human Rights and Development: A Global Anthology, Anne T. Gallagher, ed. (2013))
The President and Immigration Law, 119 YALE L. J. 458 (2009) (with Adam B. Cox)
The Citizenship Clause, Original Meaning, and the Egalitarian Unity of the Fourteenth Amendment, 11 UNIV. PENN. J. OF CONSTITUTIONAL LAW 1363 (2009) (symposium issue: originalism and the Reconstruction Amendments)
A Review of Peter Spiro, Beyond Citizenship: American Identity after Globalization, 103 AMERICAN J. OF INT’L L. 180 (2009)
Discrete and Insular No More, 12 HARV. LAT. LATINO REV. 41 (2009) (symposium issue in honor of the publication of Latinos and the Law (Delgado, Perea, Stefancic, eds.))
The Significance of the Local in Immigration Regulation, 106 MICH. L. REV. 567 (2008)
The Citizenship Paradox in a Transnational Age, 106 MICH. L. REV. 1111 (2008) (a review of Hiroshi Motomura, AMERICANS IN WAITING: THE LOST STORY OF IMMIGRATION AND CITIZENSHIP IN THE UNITED STATES, Oxford University Press (2006))
From Litigation, Legislation, 117 YALE L.J. 1132 (2008) (a review of Brian Landsberg, FREE AT LAST TO VOTE: THE ALABAMA ORIGINS OF THE 1965 VOTING RIGHTS ACT, University Press of Kansas (2007))
Against Individualized Consideration, 83 IND. L. J. 1405 (2008) (symposium issue: Latino/as at the Epicenter of Legal Discourse)
Latinos and Immigrants, 11 HARV. LATINO L. REV. 247 (2008) (symposium issue: Latino Civic Participation)
Guest Workers and Integration: Toward a Theory of What Immigrants and Americans Owe One Another, 2007 UNIV. OF CHI. LEGAL FORUM 219
E Pluribus Unum: How bilingualism strengthens American democracy, DEMOCRACY: A JOURNAL OF IDEAS (2007)
Language Diversity in the Workplace, 100 NORTHWESTERN UNIV. L. REV. 1689 (2006)
Language and Participation, 94 CAL. L. REV. 687 (2006)
Accommodating Linguistic Difference: Toward a Comprehensive Theory of Language Rights in the United States, 36 HARV. C.R.-C.L. L. REV. 133 (2001)
Clearing the Smoke-Filled Room: Women Jurors and the Disruption of an Old-Boys’ Network in Nineteenth- Century America, 108 YALE L.J. 1805 (1999)
Select News Media, Blog Posts, and Policy Papers
The Radical Supreme Court Travel Ban Opinion, Just Security (June 27, 2018) (with Adam Cox & Ryan Goodman)
A Primer on the DACA Rescission, Balkinization (October 5, 2017) (with Adam Cox & Marty Lederman)
Trump and Sessions Can’t Blame Constitution for their Cruel DACA Decision, Newsweek (Sept. 6, 2017) (with Adam B. Cox) (originally posted on Just Security blog)
DHS memos build a wall around the U.S. without laying a brick (February 21, 2017)
Trump and the Immigration Bureaucracy, Just Security (February 9, 2017)
Frameworks for Immigration Reform, in What’s the Big Idea? Recommendations for Improving Law & Society in the Next Administration (American Constitution Society, October 2016)
Co-convener (with Adam B. Cox) of Symposium on Administrative Reform of Immigration Law, Balkinization (November 26, 2014)
Symposium Introduction (with Adam Cox)
Executive Discretion and Congressional Priorities (with Adam Cox)
Concluding Thoughts: Line Drawing, the Separation of Powers, and the Responsibilities of the Political Branches (with Adam Cox)
It’s OK That Congress Won’t Fix Immigration: States Can Do A Lot on Their Own, Washington Post (Post Everything) (June 30, 2014)
Negotiating Conflict through Federalism, Balkinization (April 2014)
Delegation and Divergence: A Study of the 287(g) Program and State and Local Immigration Enforcement, Migration Policy Institute Paper (2011) (with R. Capps, M. Rosenblum, M. Chishti)
Fourteenth Amendment is Key to American Experiment, (August 17, 2010) (critiquing proposals to deny birthright citizenship to children of unauthorized immigrants)
A Program in Flux: New Priorities and Implementation Challenges for 287(g), Migration Policy Institute Paper (2010) (with M. Chishti, R. Capps, L. St. John)
Regulating Immigration at the State Level: Highlights from the Database of 2007 Immigration Legislation and Methodology, Migration Policy Institute Paper (2008) (with L. Laglagaron, A. Silver, S. Thanasombat)
Testing the Limits: A Framework for Assessing the Legality of State and Local Immigration Measures, Migration Policy Institute Paper (2007) (with M. Chishti & K. Nortman)