Over the past twenty-five years, a growing number of European countries have enacted laws granting citizenship to individuals and their descendants...

Migrant-Family Separation and the Diverging Normative Force of Higher-Order Laws

Kevin Cope

Charles Crabtree

A growing experimental literature suggests that international law appears to have a larger impact on public opinion than constitutional law. Because...

Can Rights Discourse Diminish Support for Displaced Persons?

Kevin Cope

Shiri Krebs

Human rights discourse has become central to the global debates about treatment of and solutions for refugees and displaced persons. Following the...

"By Accident of Birth": The Battle over Birthright Citizenship After United States v. Wong Kim Ark

Amanda Frost

In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that...

You Are Not American: Citizenship Stripping From Dred Scott to the Dreamers

Amanda Frost

Citizenship is invaluable, yet our status as citizens is always at risk—even for those born on US soil. Over the last two centuries, the US government...

Taming Immigration: The 64th Henry J. Miller Distinguished Lecture Series Remarks

David A. Martin

This essay presents, in lightly revised form, the Henry J. Miller Distinguished Lecture delivered at Georgia State University College of Law in...

Alienating Citizens

Amanda Frost

Denaturalization is back. In 1967, the Supreme Court declared that denaturalization for any reason other than fraud or mistake in the naturalization...

Immigration in the Obama Era

Amanda Frost

This chapter will tell the legal, historical, and political tale of two major immigration cases decided by the U.S. Supreme Court during President...

The Rights of Aliens under the United States Constitution: At the Border and Beyond

George Rutherglen

This article describes the intricacies of U.S. constitutional law on the rights of aliens. It identifies three general tendencies that bear on...

Animus and the Travel Ban

Micah J. Schwartzman

Corey Brettschneider

Nelson Tebbe

Donald Trump's lawyers are seeking to defend his ban on travel from six Muslim majority countries. Today, oral argument will be heard by the Fourth...

Maslenjak v. United States: Immigration, Expatriation, and the Plenary Power Doctrine

Amanda Frost

No one was surprised by the Supreme Court’s unanimous decision in Maslenjak v. United States, which held that the government cannot revoke citizenship...

Can the Government Deport Immigrants Using Information it Encouraged them to Provide?

Amanda Frost

This Essay describes the legal and policy issues raised by any systematic effort to deport unauthorized immigrants based on information the government...

A Different View of Why the Muslim Ban Violates the Establishment Clause

Micah J. Schwartzman

Corey Brettschneider

Joshua Matz

...

Yesterday, a diverse group of leading constitutional law scholars—representing many different views about the Establishment Clause—filed an amicus...

For a Trump Nominee, Neil Gorsuch’s Record Is Surprisingly Moderate on Immigration

Kevin Cope

Joshua Fischman

President Trump nominated Judge Neil Gorsuch to the Supreme Court just over seven weeks ago. Since then, pundits have been trying to convince us that...

Trump’s Order on the Deportation of Undocumented Residents, Annotated by an Immigration Law Expert

David A. Martin

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality...

How Trump’s Executive Order on Immigration Violates Religious Freedom Laws

Richard C. Schragger

Micah J. Schwartzman

Nelson Tebbe

The ACLU and other lawyers are filing complaints across the country against Trump’s executive order on immigration. Yet these lawsuits do not always...