Immigration Law

Recent Posts

American Samoans are US Citizens - Fitisemanu v. US
Posted on 12 Dec 2019 by Daniel M. Kowalski

Fitisemanu v. US "Plaintiffs’ Motion for Summary Judgment, (ECF No. 30) is GRANTED. a. Persons born in American Samoa are citizens of the United States by virtue of the Citizenship Clause of the Fourteenth Amendment. 8 U.S.C. § 1408... Read More

Muthana v. Pompeo Lawsuit Filed (Birthright Citizenship)
Posted on 22 Feb 2019 by Daniel M. Kowalski

Muthana v. Pompeo, filed Feb. 21, 2019 Statement Regarding Representation of Ahmed Ali Muthana Read More

The Experts Agree: 'An Executive Order Cannot Repeal Birthright Citizenship, Period'
Posted on 31 Oct 2018 by Daniel M. Kowalski

Prof. Stephen W. Yale-Loehr is professor of immigration law practice at Cornell Law School. He also is co-author of “ Immigration Law and Procedure ,” a 21-volume immigration law treatise, published by LexisNexis. - An executive order cannot... Read More

A Citizenship Expert Writes to President Trump
Posted on 30 Oct 2018 by Daniel M. Kowalski

In the wake of President Trump's statement that he believes he can end 14th amendment birthright citizenship via Executive Order, citizenship expert attorney Kathrin S. Mautino wrote this letter to the President. [Note also this 2006 article on... Read More

Expert: Abolishing Birthright Citizenship Would Jeopardize American Equality Principle
Posted on 20 Aug 2015 by Daniel M. Kowalski

"Donald Trump is not the first Republican presidential candidate to float the idea of scrapping the principle that anyone born in the United States automatically becomes a US citizen. And he probably won’t be the last. [This... Read More

CA5 on Birth Abroad at U.S. Military Base: Thomas v. Lynch
Posted on 10 Aug 2015 by Daniel M. Kowalski

"Thomas, who was born on a United States military base located in what is now Germany, argues that he is not removable because he is a United States citizen by virtue of the Fourteenth Amendment. For the following reasons, we DENY the petition for... Read More

Documentary - 14: Dred Scott, Wong Kim Ark & Vanessa Lopez
Posted on 12 Dec 2014 by Daniel M. Kowalski

"The documentary film 14: Dred Scott, Wong Kim Ark & Vanessa Lopez explores the recurring question about who has the right to be an American citizen. 14 examines the citizenship clause of the 14th Amendment through compelling personal stories... Read More

Experts: Repealing Birthright Citizenship 'Almost Impossible' and Counterproductive
Posted on 18 Aug 2015 by Daniel M. Kowalski

"A policy paper released by 2016 Republican frontrunner Donald Trump this weekend has reopened a question in the immigration debate that some of Trump's fellow GOP candidates may want to avoid: Is it time to end birthright citizenship? According... Read More