"[Take from Us Our] Wretched Refuse": the Deportation of America's Adoptees
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War Powers for the 21St Century: the Constitutional Perspective
WAR POWERS FOR THE 21ST CENTURY: THE CONSTITUTIONAL PERSPECTIVE HEARING BEFORE THE SUBCOMMITTEE ON INTERNATIONAL ORGANIZATIONS, HUMAN RIGHTS, AND OVERSIGHT OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION APRIL 10, 2008 Serial No. 110–164 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ U.S. GOVERNMENT PRINTING OFFICE 41–756PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 09:32 May 14, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 F:\WORK\IOHRO\041008\41756.000 Hintrel1 PsN: SHIRL COMMITTEE ON FOREIGN AFFAIRS HOWARD L. BERMAN, California, Chairman GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey Samoa DAN BURTON, Indiana DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California BRAD SHERMAN, California DANA ROHRABACHER, California ROBERT WEXLER, Florida DONALD A. MANZULLO, Illinois ELIOT L. ENGEL, New York EDWARD R. ROYCE, California BILL DELAHUNT, Massachusetts STEVE CHABOT, Ohio GREGORY W. MEEKS, New York THOMAS G. TANCREDO, Colorado DIANE E. WATSON, California RON PAUL, Texas ADAM SMITH, Washington JEFF FLAKE, Arizona RUSS CARNAHAN, Missouri MIKE PENCE, Indiana JOHN S. TANNER, Tennessee JOE WILSON, South Carolina GENE GREEN, Texas JOHN BOOZMAN, Arkansas LYNN C. WOOLSEY, California J. GRESHAM BARRETT, South Carolina SHEILA JACKSON LEE, Texas CONNIE MACK, Florida RUBE´ N HINOJOSA, Texas JEFF FORTENBERRY, Nebraska JOSEPH CROWLEY, New York MICHAEL T. -
2013 Thomson Reuters. No Claim to Original US
Marr, Abbey 1/6/2013 For Educational Use Only BIRTHRIGHT JUSTICE: THE ATTACK ON BIRTHRIGHT..., 36 N.Y.U. Rev. L. &... 36 N.Y.U. Rev. L. & Soc. Change 57 New York University Review of Law and Social Change 2012 Article BIRTHRIGHT JUSTICE: THE ATTACK ON BIRTHRIGHTCITIZENSHIP AND IMMIGRANTWOMEN OF COLOR Allison S. Hartry d1 a1 Copyright (c) 2012 New York University Review of Law and Social Change; Allison S. Hartry Abstract: Anti-immigrant sentiment in the United States is increasingly focused on restricting women of color's access to reproductive justice. Rhetoric surrounding “anchor babies” and an “invasion by birth canal” shows how the debate over immigration plays out on the bodies of immigrantwomen of color. This Article begins by describing the history of exclusion inherent in this country's immigration laws and the modern political assault on birthrightcitizenship, both of which are grounded in nativism, sexism, and racism. Using the experiences of individual women and conditions in immigration detention centers as examples, the Article then demonstrates that Immigration and Customs Enforcement appears to be targeting pregnant women for removal with the aim of preventing them from giving birth in this country. I. Introduction 58 II. The History of Exclusion in U.S. Immigration Law & Policy 64 A. The Historical and Legal Underpinnings of BirthrightCitizenship 64 1. Wong Kim Ark and the Extension of BirthrightCitizenship 66 2. The Meaning of “[B]orn . in the United States.” 68 3. Citizenship for the Children of Undocumented Immigrants 71 B. Modern Conservative Attempts to Eliminate BirthrightCitizenship 72 C. Racism, Nativism, and Attacks on BirthrightCitizenship 77 III. -
A More Meaningful Citizenship Test? Unmasking the Construction of a Universalist, Principle-Based Citizenship Ideology
A More Meaningful Citizenship Test? Unmasking the Construction of a Universalist, Principle-Based Citizenship Ideology Julian Wonjung Parkt INTRODUCTION In September 2007, the United States Office of Citizenship and Immigration Services (USCIS 1) unveiled the final one hundred questions to the new citizenship test, created by USCIS to be "more standardized, fair, and meaningful '2 than the current naturalization exam.3 The new exam is the result of USCIS's seven-year test development project, costing a reported 6.5 million dollars.4 Focusing on American civic values, the new test includes one hundred Copyright 0 2008 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t J.D., UC Berkeley School of Law, 2008; PH.D., Yale University, 2005; M.A., Stanford University, 1998; B.A., Stanford University, 1997. 1 would first like to thank Victor Hwang for teaching the course "Asian Americans and the Law" in the spring of 2007 and for providing me with the forum to develop this topic. His patience and generosity was much appreciated. I would also like to thank Professor Leti Volpp for looking at drafts of this Comment and providing me with timely feedback. I would further like to thank all the members of the California Law Review for their assistance throughout the various stages of this Comment. In particular, I would like to thank Angela Hollowell-Fuentes for her expert reading of the first draft of this Comment; Mayte Santacruz Benavidez for her thoroughness in checking sources; and Aaron Gershbock for his meticulous attention to details during the final read. -
Respectability & the Quest for Citizenship
Brooklyn Law Review Volume 83 | Issue 1 Article 12 12-12-2017 Respectability & the Quest for Citizenship Angela M. Banks Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Angela M. Banks, Respectability & the Quest for Citizenship, 83 Brook. L. Rev. (2017). Available at: https://brooklynworks.brooklaw.edu/blr/vol83/iss1/12 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. Respectability & the Quest for Citizenship Angela M. Banks† INTRODUCTION Historically, immigration and citizenship law and policy in the United States has been shaped by the idea that certain immigrant populations present a threat to American society. Such ideas justified the Alien and Sedition Acts,1 the Chinese Exclusion Act,2 the enactment of new deportation grounds in 1917,3 and the adoption of national origin quotas in 1924.4 These ideas continue to operate today and influence law and policy. For example, on January 27, 2017, President Donald J. Trump declared that the entry of Iranian, Iraqi, Libyan, Somalian, Sudanese, Syrian, and Yemeni citizens along with Syrian refugees to the United States is “detrimental to the interests of the United States.”5 Two days † Charles J. Merriam Distinguished Professor of Law, Sandra Day O’Connor College of Law, Arizona State University. I would like to thank the participants in the 2015 Global Migration, Structural Inclusion and Citizenship Education Across Nations Conference, 2015 Law & Society Annual Meeting, 2014 Immigration Law Teachers Workshop, and the University of Richmond Emroch Faculty Colloquy for comments, advice, and discussion. -
From Exclusion to Inclusion
From Exclusion to Inclusion 1941–1992 Around 9 :00 in the morning on April 21, 1945, Daniel K. Inouye, a 20-year-old army lieutenant from Honolulu, Hawaii, was shot in the stomach on the side of a mountain in northwestern Italy. The German bullet went clean out his back and missed his spine by a fraction of an inch. “It felt like someone punched me,” he remembered years later. “But the pain was almost non-existent. A little ache, that’s all and since the bleeding was not much I said well, I’ll keep on going.”1 Later that morning, Inouye, a pre-med student who had been getting ready for church when Japan bombed Pearl Harbor on December 7, 1941, was hit again. This time a rifle grenade nearly blew off his entire right arm. After picking up his tommy gun with his left hand, he continued to charge up the hill, firing at German soldiers as he went. Eventually shot in the leg, Inouye waited until his men seized control of the mountain before being evacuated.2 The war in Europe ended 17 days later. Inouye lived in military hospitals for the next two years to rebuild his strength and learn to do everyday tasks with one arm. The war forced him to adapt, and over the next two decades, the country he nearly died for began to adapt to the war’s consequences as well. For the most marginalized people—women and minorities, especially—World War II had profound implications for what it meant to be American. -
HOUSE OF. REPRESENTATIVES Resolution 198
2898 CONGRESSIONAL RECORD-HOUSE APRIL 5 REPORTS OF COMMI'ITEES ON PUBLIC MEMORIALS 400. By the SPEAKER: Petition of the BILLS AND RESOLUTIONS American Bar Association petitioning con Under clause 3 of rule XXII, memori sideration of their resolution with reference to Under clause 2 of rule XIII, reports of als were presented and referred as fol House bill 1025; to the Committee on the committees were delivered to the Clerk lows: Civll Service. for printing and reference to the proper By the SPEAKER: Memorial of the Legisla calendar, as follows: ture of the State of North Dakota, memorial izing the President and the Congress of the Mr. CLARK: Committee on Rules. House United States to continue and provide for HOUSE OF. REPRESENTATIVES Resolution 198. Resolution for the consider- the continuation of the program of incentive . ation of House Joint Resolution 14 authoriz payments to farmers who increase their pro MoNDAY, APRIL 5, 1943 ing the execution of certain obligations under duction in 1943; to the Committee on Appro the treaties of 1903 and 1936 with Panama, priations. The House met at 12 o'clock noon. and other commitments; without amend Also, memorial of the Legislature of the The Chaplain, Rev. James Shera ment (Rept. No. 340). Referred to the House State of Washington, memorializing the Pres Montgomery, D. D., offered the following Calendar. ident and the Congress of the United States prayer: Mr. DIES: Committee on Rules. House to take action relative to the purchase, main Resolution 199. Resolution for the consider tenance, and operation of bridges across the Glory be to Thy name, 0 Lord Most ation of H. -
William Delahunt
BOSTON, MASSACHUSETTS 2 International Place #1600 Boston, MA 02110 P: 617.342.6800 F: 617.342.6899 WilliamD.Delahunt@eckertseama ns.com William D. Delahunt PRACTICE AREAS: SPECIAL COUNSEL Aviation Bill Delahunt provides strategic counsel to clients on complex Government Affairs regulatory issues such as health care, financial services, and energy and Regulated Substances environmental matters. Prior to joining the firm, he represented the 10th Congressional District of Massachusetts in the U.S. House of Representatives from 1997 to 2011. Before being elected to Congress, STATE ADMISSIONS: Bill was the Norfolk County District Attorney in Massachusetts for over Massachusetts 22 years. As a district attorney, Bill developed the country’s first prosecutorial unit on domestic violence and sexual assault cases, a EDUCATION: pioneering program for combating violence against women, which has LL.B., Boston College Law School, been used as a national model. He also attracted some of the most 1967 talented trial attorneys in the country. Over 40 former prosecutors A.B., Middlebury College, 1963 from his office went on to serve in the federal and state judiciary, including Massachusetts Supreme Judicial Court, and many have also gone on to high-profile positions in the private and public sector, including as U.S. Attorney for the Massachusetts District. Bill was elected to Congress in 1997 and represented the 10th Congressional District of Massachusetts, which includes Cape Cod, the Islands of Martha’s Vineyard and Nantucket, and the South Shore. In Congress he served as a member of the House Judiciary Committee and the House Foreign Affairs Committee, and most recently as the chairman of the Subcommittee on Europe. -
U.S. Citizenship in Puerto Rico: One Hundred Years After the Jones Act Contents
CENTRO: Journal of the Center for Puerto Rican Studies SPECIAL ISSUE: VOL. 29, NO. 1 – 2017 U.S. CITIZENSHIP IN PUERTO RICO: ONE HUNDRED YEARS AFTER THE JONES ACT CONTENTS CENTRO: Journal of the Center for Puerto Rican Studies vol. 29, no. 1 – 2017 U.S. CITIZENSHIP IN PUERTO RICO: One Hundred Years After the Jones Act Guest Editors: Charles R. Venator-Santiago and Edgardo Meléndez Preface: U.S. Citizenship in Puerto Rico: Dual Consciousness About Law And Justice: One Hundred Years After the Jones Act Puerto Ricans’ Battle For U.S. Citizenship In Hawai‘i —Edwin Meléndez —Susan K. Serrano Introduction: U.S. Citizenship in Puerto Rico: “…Acting Like an American Citizen”: Discursive and One Hundred Years After the Jones Act Political Resistance to Puerto Rican U.S. Citizenship —Charles R. Venator-Santiago and Edgardo Meléndez Anomalies in the 1930s —Daniel Acosta Elkan Mapping the Contours of the History of the Extension of U.S. Citizenship to Puerto Rico, 1898–Present A Note on the Puerto Rican De-Naturalization —Charles R. Venator-Santiago Exception of 1948 —Charles R. Venator-Santiago The Unresolved Constitutional Issues of Puerto Rican Citizenship Puerto Ricans as Contingent Citizens: Shifting —Rogers M. Smith Mandated Identities and Imperial Disjunctures —Pedro Cabán Citizenship and Equality in an Age of Diversity: Reflections on Balzac and the Indian Civil Rights Act Puerto Ricans and U.S. Citizenship in 1917: —Sanford Levinson Imperatives of Security —Bartholomew Sparrow and Jennifer Lamm To Be or Not to Be: Puerto Ricans and Their Illusory U.S. Citizenship Comments on the Jones Act and the Grant of U.S. -
SECTION 404(C) of the NATIONALITY ACT of 1940: RESIDENCE ABROAD AS AUTOMATIC EXPATRIATION of the NATURALIZED AMERICAN*
NOTES SECTION 404(c) OF THE NATIONALITY ACT OF 1940: RESIDENCE ABROAD AS AUTOMATIC EXPATRIATION OF THE NATURALIZED AMERICAN* CONGRESSIONAL power to differentiate between the naturalized and native- born American citizen has never been dearly defined by the Supreme Court. Although the Court has upheld two statutes providing for loss of naturalized citizenship, neither created a significant distinction between the naturalized and native-born American. The first, providing for denaturalization because of fraud or illegality in the naturalization proceedings, acted on the rationale that the person affected had not become a citizen in the first place.' The sec- ond statute created a presumption of loss of naturalized citizenship upon resi- dence in a foreign state.2 Because this presumption was easily overcome by * Lapides v. Clark, 176 F-2d 619 (D.C. Cir. 1949). 1. Nationality Act of 1906 §§ 15, 23, 34 STAT. 601, 603 (1906). These provisions were substantially reenacted in the Nationality Act of 1940 § 338, 54 STAT. 1158 (1940), 8 U.S.C. § 738 (1946). They provide for cancellation of a certificate of citizenship on grounds of fraud or illegal procurement. Additional provision is made for cancellation of the certifi- cate of a naturalized American who, within five years after his naturalization, returns to the country of his habitation or goes to another foreign country and takes permanent residence there. This is considered "prima fade evidence of a lack of intention on the part of such person to become a permanent citizen .... and, in the absence of counter- vailing evidence, it.. [is] . sufficient in the proper proceeding to authorize the rev- ocation.., of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained through fraud." For the Court's view that the statute was not discriminatory, see Luria v. -
2016-Digest-Chapter-1.Pdf
Table of Contents CHAPTER 1 .................................................................................................................................1 Nationality, Citizenship, and Immigration...............................................................................1 A. NATIONALITY, CITIZENSHIP, AND PASSPORTS ....................................................1 1. Derivative Citizenship: Morales-Santana .........................................................................1 2. Tuaua: Notation on Passports Issued to Non-Citizen U.S. Nationals ............................... 13 3. Citizenship Transmission on Military Bases: Thomas ..................................................... 18 B. IMMIGRATION AND VISAS ........................................................................................ 21 1. Consular Nonreviewability ............................................................................................. 21 a. Sidhu v. Kerry ............................................................................................................. 21 b. Allen v. Milas ............................................................................................................. 22 c. Cardenas v. United States ............................................................................................ 23 d. Santos v. Lynch .......................................................................................................... 25 2. Special Immigrant Visa Programs: Nine Iraqi Allies v. Kerry ........................................ -
6Housecomrosters La
IMPACT ON HOUSE COMMITTEES House Committee Changes Agriculture Democrats David R. Obey, Wis. Carrie P. Meek, Fla. Republicans John P. Murtha, Pa. David E. Price, N.C. Larry Combest, Texas — chairman Norm Dicks, Wash. Chet Edwards, Texas John A. Boehner, Ohio Bob Riley, Ala. Martin Olav Sabo, Minn. Robert E. “Bud” Cramer, Ala. Robert W. Goodlatte, Va. Mike Simpson, Idaho Steny H. Hoyer, Md. Patrick J. Kennedy, R.I. Richard W. Pombo, Calif. Doug Ose, Calif. Alan B. Mollohan, W.Va. James E. Clyburn, S.C. Nick Smith, Mich. Robin Hayes, N.C. Marcy Kaptur, Ohio Maurice D. Hinchey, N.Y. Terry Everett, Ala. Charles W. “Chip” Pickering Jr., Miss. Nancy Pelosi, Calif. Lucille Roybal-Allard, Calif. Frank D. Lucas, Okla. Timothy V. Johnson, Ill. Peter J. Visclosky, Ind. Sam Farr, Calif. Saxby Chambliss, Ga. Tom Osborne, Neb. Nita M. Lowey, N.Y. Jesse L. Jackson Jr., Ill. Jerry Moran, Kan. Mike Pence, Ind. Jose E. Serrano, N.Y. Carolyn Cheeks Kilpatrick, Mich. Bob Schaffer, Colo. Denny Rehberg, Mont. Rosa DeLauro, Conn. Allen Boyd, Fla. John Thune, S.D. Sam Graves, Mo. James P. Moran, Va. Chaka Fattah, Pa. Bill Jenkins, Tenn. Adam H. Putnam, Fla. John W. Olver, Mass. Steven R. Rothman, N.J. John Cooksey, La. Mark Kennedy, Minn. Ed Pastor, Ariz. Gil Gutknecht, Minn. George W. Gekas, Pa. Democrats Armed Services Republicans Charles W. Stenholm, Texas Bob Etheridge, N.C. Bob Stump, Ariz. - chairman Gary A. Condit, Calif. Leonard L. Boswell, Iowa Collin C. Peterson, Minn. David Phelps, Ill. Duncan Hunter, Calif. Jim Ryun, Kan. Cal Dooley, Calif. -
The Fight to Be American: Military Naturalization and Asian Citizenship
W&M ScholarWorks Arts & Sciences Articles Arts and Sciences 1-2010 The Fight to be American: Military Naturalization and Asian Citizenship Deenesh Sohoni College of William and Mary, [email protected] Follow this and additional works at: https://scholarworks.wm.edu/aspubs Part of the Immigration Law Commons Recommended Citation Sohoni, Deenesh and Amin Vafa. 2010. “The Fight to be American: Military Naturalization and Asian Citizenship.” Asian American Law Journal. Vol. 17: 119-151. This Article is brought to you for free and open access by the Arts and Sciences at W&M ScholarWorks. It has been accepted for inclusion in Arts & Sciences Articles by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. The Fight to Be American: Military Naturalization and Asian Citizenship Deenesh Sohonit & Amin Vafa ABSTRACT In 1862, Congress passed legislation granting foreigners serving in the U.S. military the right to expedited naturalization. Although driven by pragmatic concerns, "military naturalization" served as a powerful symbolic message: those willing to fight for the United States are worthy of its citizenship. At the same time, military naturalization conflicted with existing laws that limited naturalization to whites and blacks. In this Article, we analyze how courts weighed the competing ideologies of citizenship by examining court cases brought by Asian aliens seeking military naturalization between 1900 and 1952. Our research demonstrates the importance of instrumental and ideological pressures in shaping the legal understanding of U.S. citizenship, as well as the contradictions that emerged as the judiciary sought to bring coherence to conflicting legislative acts regarding naturalization.