citizenship

A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.

The SCOTUS decision in FCC v. Fox TV emphasized fair notice, a bedrock requirement of due process that could shield students from removal.

Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.

When a court finally addresses the merits of the rule, there are strong procedural and substantive grounds to challenge its implementation.

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.

A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.

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

An essay on the lessons for the Trump administration of territorial acquisition from the McKinley era and the dangers it would pose today.

Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction

Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.

"If the new administration goes through with this proposal whether by executive action or legislation, courts should and most likely would strike it down."