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From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini
From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini
Law Faculty Scholarly Articles
The sex-based distinctions of the Immigration and Nationality Act (INA) have been remarkably resilient in the face of numerous equal protection challenges. In Miller v. Albright, Nguyen v. INS, and most recently United States v. Flores-Villar — collectively the "citizenship transmission cases" — the Supreme Court has upheld the constitutionality of the INA’s provisions that require unwed fathers, but not unwed mothers, to take a series of affirmative steps in order to transmit citizenship to their children born abroad.
The conventional account of these citizenship transmission cases is that the Court upholds sex-based distinctions that would otherwise fail …