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University of Virginia School of Law Home

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Scholarship
Amanda Frost

Born in the U.S.A.: Birthright Citizenship and the Making of America

Amanda Frost
Date
2023
Citation
Amanda Frost, Born in the U.S.A.: Birthright Citizenship and the Making of America (2023).
UVA Law Faculty Affiliations
Amanda Frost
Public Policy and Regulation
Constitutional Law and Legal History
Human Rights Program
Immigration Law
More in This Category

Methods for Comparative Migration Law: Insights From the Social Sciences

Kevin Cope
The nascent field of comparative migration law can do more than classify different approaches to migration law; it is well-positioned to address...
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Oxford Handbook of Comparative Immigration Law

Kevin Cope
Stella Burch Elias
Jill Goldenziel
The Oxford Handbook of Comparative Immigration Law is perhaps the first book-length treatment of the subject of comparative immigration law. The...
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The Rise of Reparative Citizenship
Amanda Frost
Over the past twenty-five years, a growing number of European countries have enacted laws granting citizenship to individuals and their descendants...
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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...
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Can Rights Discourse Diminish Support for Displaced Persons?

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Shiri Krebs
Human rights discourse has become central to the global debates about treatment of and solutions for refugees and displaced persons. Following the...
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"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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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For a Trump Nominee, Neil Gorsuch’s Record Is Surprisingly Moderate on Immigration
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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...
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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...
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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...
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