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Aleinikoff, Thomas Alexander – | sodmenualcphija.tk

By constitutional practice, territorial birthright citizenship is extended without regard to parental immigration status. Proposed constitutional amendments introduced in the s to deny birthright citizenship to the children of undocumented aliens and temporary immigrants were repulsed.

The End of American Sovereignty And Constitutional Rights

Given the growing population of undocumented aliens in the United States estimated to be as large as 10 million individuals , the strict rule of territorial birthright citizenship has avoided the difficulties of intergenerational caste. Citizenship is also extended at birth to the children of U. Citizenship by descent is extended by statute rather than under the Fourteenth Amendment, as highlighted in Rogers v. The condition precedent of parental residence limits the possibility of a nonterritorially connected American diaspora.

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Asian immigrants, however, were long barred from acquiring citizenship. It was not until that the last race-based criteria for naturalization were repealed. Racial exclusions aside, conventional wisdom has characterized naturalization requirements as minimal.


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While this is true in comparative perspective—the thresholds to naturalization have historically been much higher in the European context, for instance— other barriers to naturalization have been and continue to be formidable. From the early twentieth century, naturalization has not been open to those advocating anarchism, communism, and other such doctrines, activity that would otherwise enjoy core First Amendment protection.

Thousands fail each year, and many others are deterred from applying at all.


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Naturalization applicants must also pay a nontrivial application fee. Finally, naturalization has been contingent on a durational residency requirement, first set at two years, briefly raised to fourteen under the Alien and Sedition Acts , reduced to five years in where it has stood since.

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Germany: From rights to citizenship

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