CASES RELATED TO BIRTHRIGHT CITIZENSHIP

2021 ◽  
pp. 173-178
Author(s):  
Madeline Y. Hsu

“Living in the margins” considers the lived realities of immigrants’ efforts to foster community, livelihood, and family under exclusion. Birthright citizenship was a key steppingstone to securing some rights in the United States, but still did not protect the American-born from racial discrimination. Asian Americans remained primarily associated with demarcated residential and employment niches that confined their perceived threat, but also facilitated the pooling and sharing of resources necessary for survival in an openly hostile society. Anti-Asian hostilities became institutionalized through laws, government bureaucracies, and social and economic discrimination. The nadir was World War II when Japanese, even American-born citizens, were removed into “relocation camps” as “enemy aliens.”


2012 ◽  
Vol 7 (2) ◽  
pp. 50-62
Author(s):  
Noah Benjamin Novogrodsky

This paper uses Shachar’s conception of jus nexi to explore three interrelated ideas. I first contend that Shachar’s analysis of the monetary value of birthright citizenship may be applied to temporary workers, lawful permanent residents and naturalized citizens as an exposé of inherited privilege in diverse communities and as a means of identifying which forms of membership and belonging are worth owning. Second, I use the idea of jus nexi to question which additional work relationships and identity networks that might qualify as genuine connections to a given state. Finally, I question whether an operationalized version of jus nexi, that is an alternative category of citizenship, would supplant or complement existing jus soli and jus sanguinis rules. Here, I seek to apply Shachar’s theoretical contributions to current political debates and warn that a genuine connection test is increasingly being misused to support a nativist agenda.


Author(s):  
Lois Harder

Abstract Drawing primarily from the Canadian case, this paper explores the process of birthright citizenship determination for children born abroad through the use of assisted reproductive technologies. The determination of parentage is central to these cases, raising issues of how parental status is defined in the law—through biology, intentionality, and/or matrimony. Moreover, the complexities of defining who is a child and who is a parent, in order to determine who is a citizen, reveal fundamental contradictions in the consent-based model of liberal citizenship.


2013 ◽  
Vol 44 (3/4) ◽  
pp. 653 ◽  
Author(s):  
Caroline Sawyer

The Citizenship Amendment Act 2005 removed the traditional common law rule that a person born in New Zealand was, just for that reason, a New Zealand citizen. It required that the person have a parent who was a New Zealand citizen or permanent resident at that time. The change is often said to have been made to prevent transient immigrants having New Zealand citizen children in order to remain in the country, after the Supreme Court's decision in the Ding and Ye line of cases reputedly confirmed that foreign parents did thus obtain that right. This article discusses the misconceptions surrounding the loss of full birthright citizenship, the background of contemporary citizenship law in the common law world and the potential effects of the recent change on migrant communities and on New Zealand's existing population.


2018 ◽  
Author(s):  
Christina Felfe ◽  
Martin G. Kocher ◽  
Helmut Rainer ◽  
Judith Saurer ◽  
Thomas Siedler

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