citizenship

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The departure statement in the Wong Kim Ark case, on yellowed paper.

The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment

A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.
black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order

"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."
Historical map featuring Greenland

More Territory, More Problems: Can Trump Seize Greenland?

An essay on the lessons for the Trump administration of territorial acquisition from the McKinley era and the dangers it would pose today.
Donald Trump signs an executive order at his desk in the Oval Office

The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases

Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction
U.S. President Donald Trump signs a series of executive orders at his desk.

Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us

Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.
Image of the text of the 14h amendment in cursive. Black text against yellowed paper.

Birthright Citizenship and Undocumented Immigrants

"If the new administration goes through with this proposal whether by executive action or legislation, courts should and most likely would strike it down."
A passport of the so-called “LPR” quasi-state lies on the ground on April 8, 2023 near Kupiansk in Kharkiv Oblast, Ukraine.

Ukraine’s Approach to Russian ‘Passportization’ Requires Balancing National Security and Individual Rights

Ukraine must balance its security interests while ensuring respect for international obligation in responding to Russia's "passportization."
U.S. Republican Presidential Candidate and former President Donald Trump speaks at the U.S.-Mexico border

‘Good Moral Character?’ Holding Trump to the Same Standards as the Immigrants He Vilifies

Were Trump an immigrant and subject to the same scrutiny as those he now maligns, he would be at high risk of being either refused entry, denied a green card, or rejected for citizenship.…
Retail Specialist 3rd Class Fangfang Wen, originally from China, and Retail Specialist 3rd Class Chloe Nichole Luz Rodriguez, originally from the Philippines, recite the Oath of Allegiance aboard USS Mustin (DDG 89) during a United States Citizenship and Immigration Services (USCIS) naturalization ceremony. The event was the first naturalization ceremony held onboard an active U.S. Navy ship during the COVID-19 pandemic. They wear face masks and three other people wearing face masks and uniforms stand behind them.

Biden Must Honor Pledge to Immigrant Troops: Rescind Trump Policy Blocking Path to Citizenship

Over 100 days into his administration, President Joe Biden has yet to act on a Trump administration policy denying thousands of immigrants serving in the U.S. military the path…
A woman clad in mask due to the COVID-19 coronavirus pandemic, sits outside a tent near a water cistern at Camp Roj, housing family members of people accused to belong to the Islamic State (IS) group who were relocated from al-Hol camp, in the countryside near al-Malikiyah (Derik) in Syria's northeastern Hasakah province on September 30, 2020.

When Terrorists Traffic Their Recruits

A full reckoning with ISIS' exploitation requires overcoming politics to understand when someone might be at once a victim and a perpetrator.
Renu Begum, eldest sister of Shamima Begum, 15, holds her sister's photo as she is interviewed by the media at New Scotland Yard.

In Shamima Begum Case, UK Supreme Court Dismisses Rights and Overlooks Potential Victimhood

The UK Supreme Court overlooked the critical and badly under-examined fact that Begum may be a victim of child marriage and human trafficking.
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