Final Birthright Citizenship, Naturalization and Membership

Question 1

ACLU on rights of all persons living in U.S. territory

Answer 1

• right to due process, meaning they cannot be deprived of life, liberty, or property
  without fair legal proceedings.
• the right to remain silent when questioned by law enforcement or immigration officials
• the right to protection against unreasonable searches and seizures
• the right to legal representation
• individual freedoms enshrined in the Constitution, including freedom of speech,
  religion, assembly, and the right to due process.
• emergency medical services
• the right of every child living in the U.S. to free public education

Question 2

Habeas Corpus

Answer 2

• guaranteed protection from
  unlawful imprisonment.
• in Latin, it essentially means one must produce the body or person
• Trump looking to suspend to in order to expedite the deportation process

Question 3

T.H Marshall on civil, social, and political rights

Answer 3

Civil: freedom of speech, thought and faith, the right to own property, right to justice

Social: Ensure participation in society and access to essential resources , education, healthcare, and social security

Political: right to participate in the political process, right to vote, and the right to hold elected office

Question 4

What is naturalization

Answer 4

“legal act or process by which a non-national of a country acquires the nationality of that country after birth”

Question 5

Criteria for gaining citizenship in the U.S

Answer 5

age: > 18
LPR: permanent resident for 5 years, 3 if married to citizen
Continuous Residence: can not be absent for more than 6 months
good moral character
English language skills: read, write, speak
Civics test
Oath of allegiance

Question 6

Naturalization civics test

Answer 6

i couldn’t pass lmao

Question 7

Naturalization rates in U.S over time

Question 8

Oath of allegiance

Answer 8

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the
United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under
civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me
God.

Question 9

Birthright citizenship and the 14th amendment

Answer 9

The 14th Admendment states “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherin they reside”. Trump posits yhe 14th admendment was never interprete to extend citizenship univerially to everyon Born within the United States. Using the term written in the admendment “(not) subject to the jurisdiction thereof”

Question 10

Jus soli v. jus sanguinis

Answer 10

Jus soli: right of the soil (birthright)
Jus Sanguinis: right of blood (parent’s citizenship)

Question 11

Citizenship by mutual consent

Answer 11

• Becoming a citizen requires both the individual’s agreement to abide by the country’s laws and the community’s consent to grant them citizenship (alternative to birthright)
• The “jurisdiction” referred to by the 14th Amendment,
  according to Smith Citizenship Clause, in this view, is a more
  “complete” jurisdiction that entails undivided allegiance.108
  This has been called the “consent-based” approach to
  citizenship, one that “makes political membership a product of mutual consent by the polity and the individual.

Question 12

The U.S v. Wong Kim Ark

Answer 12

Reinforced birthright citizenship, with logic of protecting European parents and their children

Question 13

Plyler v. Doe

Answer 13

ruled that states cannot deny public education to undocumented children, that limitations on the rights and benefits of minor children is not justified since they cannot could not control their parents conduct or their legal status

Question 14

Judge Shopping

Answer 14

parties strategically choose which court or judge to bring a case to