Professor S.I. Strong recently wrote an article considering recent policies regarding immigration into the United States. The piece, entitled “Can International Law Trump Trump’s Immigration Agenda?” 2018 Ill. L. Rev. Online 272, considers whether a developing principle of international law known as “procedural jus cogens” can be used to address procedural issues stemming from current U.S. immigration practices.
The concept of procedural jus cogens describes certain non-derogable principles of international law dealing with procedural fairness and is discussed in detail in Professor Strong’s earlier article, “General Principles of Procedural Law and Procedural Jus Cogens,” 122 Penn St. L. Rev. 347 (2018).