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