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Margy O’Herron

@margyoh.bsky.social
706 followers 103 following 128 posts

Immigration Law and Policy Expert | Senior Fellow, Brennan Center for Justice at NYU | Migration and Human Rights Fellow, Cornell Law School | Former Biden Administration Domestic Policy Council | Former Department of Justice

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Margy O’Herron @margyoh.bsky.social · 01/10/2026
OK, thanks. I'll follow up with the original poster.
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Margy O’Herron @margyoh.bsky.social · 17/09/2026
@olivia4t.bsky.social I would like to use your video in a Brennan Center publication and attribute it to you. Is that ok? Or could you please message me?
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Margy O’Herron @margyoh.bsky.social · 17/09/2026
I am interested in using your video in a Brennan Center report with attribution to you. Would that be ok? Or could you please message me?
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David J. Bier @davidjbier.bsky.social · 27/08/2026
Trump's new public charge rules focus on immigrants with disabilities. Our research finds that immigrants are 24% less likely to be disabled than US-born citizens; illegal immigrants are 64% less likely. ⬇️ www.cato.org/blog/immigra...
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Margy O’Herron @margyoh.bsky.social · 19/08/2026
The admin claims many states and localities aren’t cooperating with ICE; they dispute that. The reality is that the extent of cooperation is governed mostly by local law and policy. And most jurisdictions, even “sanctuary” ones, already share info with DHS, esp about those with serious crimes.
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Brennan Center @brennancenter.org · 14/07/2026
In a new piece in @thehill.com, @margyoh.bsky.social explains how the Trump administration is undermining the independence of immigration courts from politics. She writes: "That’s dangerous for everyone — citizens and noncitizens alike.” And she explains how Congress can help.
thehill.com
Our immigration courts no longer offer even the veneer of fairness
Congress must take the courts out of the Justice Department to insulate judges from political interference.
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Emile Ayoub @emileayoub.bsky.social · 28/05/2026
Data brokers pose grave threats to Americans' privacy and our national security. But the US govt continues to bankroll the industry: it's one its major patrons! It's past time to close the checkbook. Congress must prohibit govt agencies from paying brokers billions to buy Americans’ sensitive info.
brennancenter.org
Congress Must Close Data Broker Loophole by Prohibiting Government Purchases of Americans' Sensitive Data
A two-pager compiled by the Brennan Center illustrating why Congress must close the data broker loophole by prohibiting government purchases of Americans' sensitive data.
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Margy O’Herron @margyoh.bsky.social · 24/04/2026
DOJ should not pursue cases unless they comply with the Supreme Court's strict requirements. If it does, courts must hold the line. 6/6 More detailed analysis here: www.brennancenter.org/our-work/res...
brennancenter.org
Stripping Naturalized Americans of Citizenship Faces High Legal Hurdles
The Trump administration may want to aggressively denaturalize citizens, but the Supreme Court has forbidden doing so when a person’s political beliefs are a focus.
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Margy O’Herron @margyoh.bsky.social · 24/04/2026
The Court forbade using denaturalization as a weapon against political expressions or views, even odious ones like support for Nazis during World War II. 5/6
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Margy O’Herron @margyoh.bsky.social · 24/04/2026
Successive cases imposed strict requirements, including a "clear, unequivocal, and convincing" standard, intent, and a causal connection to the acquisition of citizenship. 4/6
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Margy O’Herron @margyoh.bsky.social · 24/04/2026
In 1967, the Supreme Court held that the 14th Amendment of the Constitution prevents the government from forcibly depriving naturalized citizens of their citizenship unless that citizenship was "unlawfully procured." 3/6 www.brennancenter.org/our-work/ana...
brennancenter.org
How the Supreme Court Rejected Denaturalization as a Political Weapon Long Ago
New threats to strip opponents of citizenship recall a dark history.
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Margy O’Herron @margyoh.bsky.social · 24/04/2026
The move will stoke fear among the country's 24.5 million naturalized citizens and is part of the administration's broad effort to define who can be an American. But revoking citizenship is not easy. 2/6
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Margy O’Herron @margyoh.bsky.social · 24/04/2026
DOJ's plan to strip nearly 400 citizens of their citizenship is a major escalation from the 25 denaturalization cases filed in Trump's first administration. 🧵1/6 www.nytimes.com/2026/04/23/u...
nytimes.com
Justice Dept. Targets Hundreds of Citizens in New Push for Denaturalization
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Brennan Center @brennancenter.org · 22/04/2026
We stand against the department’s attempts to silence nonprofits on the basis of their views and support for civil rights. 2/2
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Brennan Center @brennancenter.org · 22/04/2026
The Department of Justice shouldn’t use its power to target its ideological enemies or dismantle civil rights. Now it is targeting the Southern Poverty Law Center. 1/2
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Margy O’Herron @margyoh.bsky.social · 13/04/2026
Read more: www.brennancenter.org/our-work/res...
brennancenter.org
The Empty Promise of the Board of Immigration Appeals
As the Department of Justice’s highest immigration court quietly slashes immigrants’ rights, due process is increasingly elusive.
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Margy O’Herron @margyoh.bsky.social · 13/04/2026
Other than the U.S. Supreme Court, the board is the only court that provides uniform interpretation of immigration laws, and it needs to be overhauled.
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Margy O’Herron @margyoh.bsky.social · 13/04/2026
The Trump Justice Department is using the Board of Immigration Appeals to restrict immigrants’ due process and substantive rights and is compromising the board’s impartiality.
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Margy O’Herron @margyoh.bsky.social · 12/04/2026
This is not how due process and the rule of law work. The administration is shamelessly targeting immigrants based on their Constitutionally-protected speech and now has fired judges who faithfully applied the law.
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Brennan Center @brennancenter.org · 01/04/2026
Tomorrow the Supreme Court is hearing a major constitutional case about birthright citizenship because President Trump chose to act with striking disregard for the law. bit.ly/4bI28aP
brennancenter.org
Birthright Citizenship Shouldn’t Be Up for Debate
The text and history of the 14th Amendment are clear, yet the case is at the Supreme Court.
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 31/03/2026
"Will the Supreme Court protect birthright citizenship?" A reasonable question, given <gestures broadly> all this. Keep in mind as you assess how the Court behaves at tomorrow's oral argument ⬇️
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Margy O’Herron @margyoh.bsky.social · 31/03/2026
Jackson’s and Thomas’s ancestors were enslaved and became citizens when the 14th Amendment was ratified. Sotomayor’s ancestors were Puerto Rican, and all Puerto Rican residents were granted citizenship in 1917. 6/6
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Margy O’Herron @margyoh.bsky.social · 31/03/2026
But they would have been screened to determine that none was a “convict, lunatic, idiot, or person unable to take care of himself or herself without becoming a public charge.” 5/6
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Margy O’Herron @margyoh.bsky.social · 31/03/2026
Ancestors of Alito, Barrett, Gorsuch, Kagan, Kavanaugh, and Roberts came before there were immigration restrictions for their European ancestors (Chinese immigrants were excluded beginning in 1882). 4/6
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Margy O’Herron @margyoh.bsky.social · 31/03/2026
www.nytimes.com/2026/03/31/u... 3/6
nytimes.com
In Supreme Court Justices’ Histories, a Story of Immigration in America
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Margy O’Herron @margyoh.bsky.social · 31/03/2026
Notably, none came through a family, employment, or humanitarian process as is required for lawful immigration today. 2/6
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Margy O’Herron @margyoh.bsky.social · 31/03/2026
On the eve of the birthright citizenship argument in the supreme court tomorrow, Abby VanSickle and Julie Tate published a fascinating article in today's NYT detailing the citizenship origin stories of all 9 supreme court justices. 1/6
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Brennan Center @brennancenter.org · 25/03/2026
ICE arrests have increased, but arrests of immigrants with criminal convictions — especially violent offenses — have not. Brennan Center Senior Fellow @margyoh.bsky.social explains what you need to know:
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Margy O’Herron @margyoh.bsky.social · 03/03/2026
Again, Noem cites false data. Approximately 60% of people in ICE custody have no criminal history whatsoever.
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Margy O’Herron @margyoh.bsky.social · 03/03/2026
Last week, Lyons said 200k kids were lost-today Noem says upped it to 400k. Neither is true. Kids were released to vetted sponsors, not lost. DHS wants to deport them, which Noem herself conceded, although she said they were “reuniting” kids with family outside the US.
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Margy O’Herron @margyoh.bsky.social · 03/03/2026
During her Senate testimony, Sec Noem claims that many immigrant criminals have come to the U.S., but immigrants commit crimes at lower rates than people born in the US, and communities with high concentrations of immigrants have lower rates of crime. www.brennancenter.org/our-work/ana...
brennancenter.org
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wendyweiser.bsky.social @wendyweiser.bsky.social · 25/02/2026
The SAVE Act could block millions of Americans from voting. It is not common sense. If passed, it would be the first time in history Congress passed a vote suppression law. #SOTU
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Sean Morales-Doyle @seanmorales-doyle.bsky.social · 25/02/2026
The SAVE Act is an attack on the freedom to vote that would block millions of American citizens from voting. #SOTU #SOTU2026
brennancenter.org
New SAVE Act Bills Would Still Block Millions of Americans From Voting
The “show your papers” requirement is an attack on the freedom to vote.
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Brennan Center @brennancenter.org · 25/02/2026
U.S. elections are secure and accurate, but now the federal government is threatening that infrastructure. www.brennancenter.org/our-work/res...
brennancenter.org
Timeline of the Trump Administration’s Efforts to Undermine Elections
Together, these actions form a concerted strategy to interfere with elections.
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Amos Toh @amostoh.bsky.social · 23/02/2026
25/ Congress should also use its power to close the data broker loophole and strengthen privacy protections against AI-enabled surveillance. It should demand transparency about how the military is using AI in hostilities – a critical first step towards regulating the technology.
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Amos Toh @amostoh.bsky.social · 23/02/2026
24/ Congress has the constitutional power and duty to regulate the military. It should reassert its authority over matters of war and peace.
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Amos Toh @amostoh.bsky.social · 23/02/2026
23/ This appears designed to pressure Anthropic to waive its usage restrictions on Claude – restrictions that might reflect not only the company’s own policy preferences but also what U.S. and international law require.
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Amos Toh @amostoh.bsky.social · 23/02/2026
22/ DOD has threatened to designate the company as a supply chain risk, which would not just cut it off from future military work but also chill its business with other companies that themselves have a stake in defense contracting. www.axios.com/2026/02/16/a...
axios.com
Exclusive: Pentagon warns Anthropic will "pay a price" as feud escalates
The Pentagon may label Anthropic a "supply chain risk," forcing all its vendors to sever ties.
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Amos Toh @amostoh.bsky.social · 23/02/2026
21/ Anthropic is no doubt aware – and perhaps increasingly wary – of the legal issues created by the Pentagon’s use of Claude in military operations. But relying on Anthropic – or any company – to restrain the military is a fool’s errand.
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Amos Toh @amostoh.bsky.social · 23/02/2026
20/ All questions Congress must demand the Pentagon answer in its investigations of military actions in Venezuela, on the high seas, and elsewhere. www.nytimes.com/2025/12/02/o...
nytimes.com
Opinion | How to Respond, Right Now, to Trump’s Boat Strikes
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Amos Toh @amostoh.bsky.social · 23/02/2026
19/ Was Claude, Maven or any other AI used to distinguish strike targets from civilian infrastructure, assess the civilian impact of strike options, or otherwise plan the attack? For that matter, how is the military using AI in its boat strikes, and prep for possible strikes on Iran?
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Amos Toh @amostoh.bsky.social · 23/02/2026
18/ The Venezuela attack struck several apartment buildings and killed two civilian air traffic controllers in a car leaving the Caracas international airport. www.newyorker.com/news/the-led...
newyorker.com
The Overlooked Deaths of the Attack on Venezuela
To many on the ground, civilian fatalities were simply the cost of ousting Nicolás Maduro.
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Amos Toh @amostoh.bsky.social · 23/02/2026
16/ Given that Congress did not authorize the Venezuela operation, and that Venezuela did not pose an imminent threat to the US, the attack was unconstitutional on its face. This makes any use of AI to facilitate the attack unlawful. www.brennancenter.org/our-work/ana...
brennancenter.org
Attack in Venezuela Was Unconstitutional
Congress must assert its control of military matters.
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Amos Toh @amostoh.bsky.social · 23/02/2026
15/ Remember the public uproar in 2018 over Google’s involvement in Maven, the Pentagon’s AI pilot to analyze troves of drone and satellite footage? It’s now a full-fledged program the military has credited with speeding up targeting. breakingdefense.com/2025/05/ai-u...
breakingdefense.com
AI 'unchained': NGA's Maven tool 'significantly' decreasing time to targeting, agency chief says - Breaking Defense
"NGA Maven is now available to all services and all combatant commands. There are 20,000 active users through more than 35 service and combat and command tools across three security domains," said NGA...
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Amos Toh @amostoh.bsky.social · 23/02/2026
13/ Then there’s the use of AI to “assist weapons targeting without sufficient human oversight.” All attacks – AI-assisted or not – must comply with U.S. law and the international law of war.
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Amos Toh @amostoh.bsky.social · 23/02/2026
11/ AI enables DOD to take this data and connect the dots with other discrete datasets about US persons to recreate their movements, associations, and political views at scale – an invasion of privacy far more egregious than the type of surveillance before the Carpenter court.
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Amos Toh @amostoh.bsky.social · 23/02/2026
10/ But law enforcement and intelligence agencies - and DOD - have bought their way around this protection, spending millions to purchase entire databases of Americans’ location information and other sensitive data from data brokers on the commercial market. int.nyt.com/data/documen...
int.nyt.com
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Amos Toh @amostoh.bsky.social · 23/02/2026
8/ What is clear is that AI-enabled spying raises serious Fourth Amendment concerns that neither Congress nor the courts have directly grappled with – in large part because the law is not keeping up with how quickly the technology is evolving. But that doesn’t mean DOD has a blank check.
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Amos Toh @amostoh.bsky.social · 23/02/2026
7/ Why would the military be spying on Americans? When it is monitoring targets overseas, for example, it likely sweeps up Americans’ e-mails, phone records, location information and other personal data - all of this is just as likely to route through Latin America or the Middle East as the U.S.
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Amos Toh @amostoh.bsky.social · 23/02/2026
6/ But are the disputed uses of Claude lawful? Using the model to “spy on Americans” can mean many things – from running it across multiple data sources to generate personal information about Americans to trying to reconstruct this information from the data the model was trained on.
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