citizenship
37 Articles

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.

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.

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."

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.

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

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.

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."

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."

‘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.…

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…

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.

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.