14th Amendment birthright citizenship has been under attack for some time, and the current election cycle is no exception. Please read this 2006 essay by conservative jurist James C. Ho .
Ex Parte Aparicio "As part of Operation Lone Star, Luis Alfredo Aparicio, a noncitizen, was arrested for trespassing on private property in Maverick County. He filed an application for writ of habeas corpus seeking dismissal of the criminal charge, arguing...
Camilo Montoya-Galvez, CBS News, May 30, 2023 "Former President Donald Trump on Tuesday pledged to challenge a long-standing interpretation of the U.S. Constitution in an attempt to end birthright citizenship for children of unauthorized immigrants if he...
Parada v. Anoka County "The Anoka County Jail referred every detainee born outside the United States, including Myriam Parada, to Immigration and Customs Enforcement. The district court determined that this policy violates the Equal Protection Clause, and...
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 repeal birthright citizenship...
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 point written...
Please take a moment to read Cyrus D. Mehta's post in its entirety to learn why tinkering with the Fourteenth Amendment would lead to 'absurd and disastrous results.'
"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 story is based...
U.S. v. Carrillo-Lopez "Because Section 1326 violates the Equal Protection Clause of the Fifth Amendment, the Court will grant Carrillo-Lopez’s Motion. ... It is therefore ordered that Carrillo-Lopez’s motion to dismiss (ECF No. 26) is granted. It is further...
Fitisemanu v. US "For over a century, the land of American Samoa has been an American territory, but its people have never been considered American citizens. Plaintiffs, three citizens of American Samoa, asked the district court in Utah to upend this longstanding...
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(1) is unconstitutional...
Tineo v. Atty. Gen. "In plain terms, we are called to decide whether precluding a father from ever having his born-out-of-wedlock child derive citizenship through him can be squared with the equal-protection mandate of the Due Process Clause of the Fifth...
Muthana v. Pompeo, filed Feb. 21, 2019 Statement Regarding Representation of Ahmed Ali Muthana
"After careful consideration of the Petition and the memoranda supporting and opposing the Government’s Motion to Dismiss, the Court, for the reasons that follow, GRANTS IN PART AND DENIES IN PART the Government’s Motion to Dismiss, DECLARES that the physical...
"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 review....