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Full-Text Articles in Law

Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting Jun 2022

Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting

Dalhousie Law Journal

This article considers the current Canadian regime for citizenship by descent and what is known as the “first-generation limitation.” In 2009, Parliament legislated to limit the transmission of citizenship by descent. Known as the “first-generation limitation,” the new rules mean that a Canadian parent is only entitled to pass on their citizenship to their children born abroad if the parent themselves became a citizen by birth inside Canada or by naturalization. In other words, if an individual acquired Canadian citizenship by descent, they are not entitled to pass on their citizenship to their children unless those children are born in …


Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu Mar 2022

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

Faculty Publications

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …


Jus Sanguinis Or Just Plain Discrimination? Rejecting A Biological Requirement For Birthright Citizenship Of Children Born Abroad To Same-Sex Couples Via Assisted Reproductive Technology, Thomas Evans Jan 2022

Jus Sanguinis Or Just Plain Discrimination? Rejecting A Biological Requirement For Birthright Citizenship Of Children Born Abroad To Same-Sex Couples Via Assisted Reproductive Technology, Thomas Evans

Georgia Law Review

Until recently, the State Department had a policy deeming children born abroad to married same-sex couples to be children born out of wedlock. Then, applying the statute for children born out of wedlock with more rigorous requirements, the State Department only allowed citizenship to pass through a biological relationship between the biological parent and the child.

Although the State Department updated this policy in May 2021 to allow for birthright citizenship of children born abroad to married same-sex couples, the new policy does not go far enough. This Note argues that Congress should amend the Immigration and Nationality Act to …


Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu Jan 2022

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

Journal Articles

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …


A New Narrative Of Statelessness, David Baluarte Jan 2022

A New Narrative Of Statelessness, David Baluarte

Scholarly Articles

Statelessness: A Modern History by Dr. Mira Siegelberg offers a meticulous reconstruction of the varied contributions of artists, scholars, and policy makers to the understanding of statelessness in the years between the First and Second World Wars. Siegelberg situates statelessness in some of the most prominent debates about international law and relations in modern history, most notably whether the individual is an appropriate subject of international law and whether a political order beyond the confines of the nation-state is desirable.


Pursuing Citizenship During Covid-19, Ming Hsu Chen Jan 2022

Pursuing Citizenship During Covid-19, Ming Hsu Chen

University of Colorado Law Review

No abstract provided.


Citizenship Disparities, Emily Ryo, Reed Humphrey Jan 2022

Citizenship Disparities, Emily Ryo, Reed Humphrey

Faculty Scholarship

No abstract provided.


Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp Jan 2022

Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp

University of Colorado Law Review

No abstract provided.


The Importance Of Race, Gender, And Religion In Naturalization Adjudication In The United States, Emily Ryo, Reed Humphrey Jan 2022

The Importance Of Race, Gender, And Religion In Naturalization Adjudication In The United States, Emily Ryo, Reed Humphrey

Faculty Scholarship

This study presents an empirical investigation of naturalization adjudication in the United States using new administrative data on naturalization applications decided by the U.S. Citizenship and Immigration Service (USCIS) between October 2014 and March 2018. We find significant group disparities in naturalization approvals based on applicants’ race/ethnicity, gender, and religion, controlling for individual applicant characteristics, adjudication years, and variation between field offices. Non-White applicants and Hispanic applicants are less likely to be approved than non-Hispanic White applicants, male applicants are less likely to be approved than female applicants, and applicants from Muslim-majority countries are less likely to be approved than …


The Failures Of Good Moral Character Determinations For Naturalization, Zachary New Jan 2022

The Failures Of Good Moral Character Determinations For Naturalization, Zachary New

University of Colorado Law Review

This Article examines the effects of the good-moral-character requirement in naturalization proceedings. Specifically, it looks to such character requirements as a method by which a citizen polity screens out undesirable noncitizens from those who are deserving of inclusion in the "in"g roup of citizenship. The Article discusses historical methods of good-moral-character adjudication, and especially how such methods carried an undercurrent of forgiveness and redemption-an undercurrent lacking in the current method of statutory bars to showings of good moral character. By looking at specific examples of statutory bars to showings of good moral character, this Article argues that the overinclusive nature …