citizenship
37 Articles
The Shamima Begum Decision: What Could It Mean for Other ISIS Women and Children Unable to Repatriate?
The attention Shamima Begum's most recent success before the Court of Appeal in the United Kingdom received might signify the small glimmer of hope the ruling appears to create…
Judgement in the Begum Case: A Good Day for the Protection of Human Rights
The United Kingdom’s Court of Appeal issued its judgement in the Shamima Begum case on Thursday morning. Begum was deprived of her citizenship under the British Nationality Act…
Principle Over Pretext: The Supreme Court Isn’t Buying What Wilbur Ross Is Selling
In a ruling that has surprised many legal observers, the Supreme Court, in a 5-4 opinion by Chief Justice John Roberts, dealt the Trump administration a major setback to its efforts…
Citizenship-Stripping and ISIS Members: The Recent UK Experience
A framework for understanding when governmental action violates the law against rendering someone stateless. The case of Shamima Begum.
Unpacking (Some of) the Legal Issues Surrounding Hoda Muthana
Even before the President weighed in on Twitter, there’s been substantial discussion about the fate of so-called “ISIS bride” Hoda Muthana, and her apparent desire…
Birthright Citizenship for Children of Unlawful U.S. Immigrants Remains an Open Question
Shortly before the midterm elections, President Trump stirred up a hornet’s nest in suggesting he could, by executive order, withdraw the right to citizenship at birth from children…
Painful Lessons of Stripping Citizenship Can Be Found Across the Globe
The Trump administration’s quest to end “birthright” citizenship is not only unconstitutional and immoral, it defies our history and the lessons that mass citizenship-strippers…
A Short Course on the Constitutional Law of Expatriation
The President-Elect is at it again: Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year…
Three Problems With Judge Brown’s Opinion in Tuaua
On Friday, I promised to write more about the D.C. Circuit’s decision in Tuaua v. United States, in which the three-judge panel (Brown, Silberman, & Sentelle, JJ.)…
The D.C. Circuit, Samoan Citizenship, and the Insular Cases
Much has already been written about next Tuesday’s D.C. Circuit argument in In re al-Nashiri, an important case arising out of the Guantánamo military commissions. The…
No, You Can’t Strip Americans of their Citizenship, Senator Cruz: The Folly of the Expatriate Terrorists Act
Today, as the nation debates serious matters such as how best to address the ISIS and how best to reform NSA surveillance authorities, Senator Ted Cruz will reportedly seek unanimous…
Statelessness update: the UK Government makes concession to citizenship-stripping proposals
Just Security has been covering citizenship-stripping proposals on both sides of the Atlantic. In an earlier post, I wrote about the UK Government’s citizen-stripping proposal…