Citizenship, Immigration, and the Constitution
In this seminar we will examine constitutional questions concerning the regulation of immigration, the acquisition and loss of citizenship, and the rights of noncitizens in the United States. It is often said that immigration law is insulated from the normal operation of constitutional law and judicial review. Over the course of the semester, we will consider the accuracy of that traditional understanding and whether and, if so, how the rights of noncitizens and citizens (and individuals asserting claims to citizenship) are impacted when immigration is treated as a constitutionally exceptional field of law. We will give special attention to recent Executive Orders relating to citizenship and immigration, and to the lawsuits challenging those Orders. Specific topics may include birthright citizenship, derivative citizenship, detention, deportation, asylum, family separation, and the constitutional rights of noncitizens (including freedom of expression). Assigned readings will reflect a diversity of perspectives on these politically charged subjects and students should expect civil and open discussion exploring varied and opposing viewpoints.