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

Citizenship Victory: Dvash-Banks v. Pompeo
Posted on 2 Mar 2019 by Daniel M. Kowalski

Immigration Equality, Feb. 22, 2019 "Immigration Equality and Sullivan & Cromwell LLP celebrate yesterday’s decision by a Federal Judge in Los Angeles recognizing the birthright citizenship of Ethan Dvash-Banks, the son of U.S.-citizen... 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

James C. Ho on Birthright Citizenship: Defining 'American'
Posted on 29 Apr 2015 by Daniel M. Kowalski

Constitutional litigator and scholar James C. Ho is a partner in the Dallas office of Gibson Dunn. In 2006 he wrote an article on birthright citizenship entitled Defining American: Birthright Citizenship and the Original Understanding of the 14th Amendment... Read More

No 14th Am. Birthright Citizenship for American Samoans: CADC
Posted on 5 Jun 2015 by Daniel M. Kowalski

"Appellants are individuals born in the United States territory of American Samoa. Statutorily deemed “non-citizen nationals” at birth, they argue the Fourteenth Amendment’s Citizenship Clause affords them citizenship by dint of... 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

Expert: Supreme Court Would Uphold Birthright Citizenship Today
Posted on 21 Sep 2015 by Daniel M. Kowalski

PolitiFact, Sept. 18, 2015 - "[A] majority of legal scholars said [Sen. Rand] Paul’s focus on the facts of this particular 1898 case leaves out context. They argue that the majority’s ruling offered a ringing endorsement of birthright... Read More

Margaret D. Stock Answers the Question, 'Is Birthright Citizenship Good for America?'
Posted on 29 Apr 2015 by Daniel M. Kowalski

Margaret Stock , an immigration attorney in Anchorage, Alaska and a 2013 MacArthur (aka 'Genius Award') Foundation Fellow , wrote this article in 2012, answering the question, "Is Birthright Citizenship Good for America? " We offer it... Read More

Update on American Samoa Birthright Citizenship Case: Tuaua v. U.S.
Posted on 28 Feb 2015 by Daniel M. Kowalski

"We have previously blogged ( here and here ) about Tuaua v. United States , the case involving American Samoan individuals who claim that they acquired U.S. citizenship at birth by virtue of being born in American Samoa, a U.S. territory. In particular... Read More

Why Birthright Citizenship is Most Wonderful for America - Cyrus D. Mehta
Posted on 22 Aug 2015 by Daniel M. Kowalski

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.' Read More

Ending Birthright Citizenship Would Be Costly for Americans
Posted on 11 Mar 2012 by Daniel M. Kowalski

"Repealing birthright citizenship would be the equivalent of “a tax on every child born in America,” said Grover Norquist, president of Americans for Tax Reform. He was commenting on a recent National Foundation for American Policy... Read More

Another Conservative Voice in Support of Birthright Citizenship: John Yoo
Posted on 24 Aug 2015 by Daniel M. Kowalski

"Donald Trump stoked the immigration fires that are burning up the Republican party by proposing an end to birthright citizenship. This week he claimed that children of aliens who are born on U.S. territory “do not have American citizenship”... 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