This chapter discusses the current trends at the reformed Court against the backdrop of recent reform initiatives, as well as the general atmosphere of widespread negative feedback and backlash since the 2010s. To do so, it relies on the results of the content analysis carried out on the case law between 1967 and 2016, a close reading of some of the recent landmark judgments, and the insights gathered from elite interviews conducted with current and former judges. This assessment shows the extent to which the reformed Court resorts to selective forbearance. I find that the reformed Court, challenged by widespread negative feedback, selectively pays heed to member states’ concerns. That is, it continues a progressive line of reasoning when it comes to certain core obligations, such as the obligation to refrain from using excessive force while policing or the provision of legal protection and remedy. Yet, it adopts a more forbearing attitude towards certain other obligations, such as the obligation to uphold the non-refoulement principle, the provision of sufficient medical care in detention centers, or the provision of acceptable detention conditions to (irregular) migrants or asylum seekers.

Democracy is under attack through immigration workplace raids. Labor unions have finally come to realize that noncitizen workers – documented and undocumented – are their future. ICE raids have been timed – particularly by the Bush and Trump administrations to thwart organizing efforts. Through a process of demonization and commodification of immigrant workers, the public has been conditioned to ignore the racial implications of ICE raids. But even a cursory examination reveals the racist effects of these enforcement efforts. However, on closer analysis, it reveals how these attacks are an attack on democracy as well. ICE raids are an attack on labor organizing, which in turn represents an assault on the freedom of association, freedom from discrimination, a strong middle class, and democratic acculturation.