LST 340 Final

Jus sanguinis

citizenship obtained by blood

Jus soli

citizenship obtained by birth on the soil

born on U.S. soil or overseas as child of a U.S. citizen

What does it mean to be “natural born”?

natural born or naturalization

What are the 2 ways to become a citizen?

14th Amendment

What tells us that anyone born on US soil is automatically a citizen?

yes, you only have to give it up if the other country doesn’t allow it

Does the US allow multiple citizenships?

race; after the Civil War, Congress expanded it to individuals of African descent

What were the first naturalization laws expressly based on?

Age (18), Residence and Physical Presence (at least 5 consecutive years), Good Moral Character, Knowledge of Civics and History, English Language Proficiency, Oath of Allegiance, Attachment to Constitutional Principles

What are the basic statutory requirements for naturalization?

when your citizenship is taken away

What is denaturalization?

when naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation

When does denaturalization occur?

No

Is it easy to have your citizenship taken away?

No, but you can give your citizenship up

If you’re a natural born citizen, can you be denaturalized?

voluntary abandonment of citizenship

What is expatriation?

that an individual committed a voluntary expatriating act but also had the intent to relinquish their citizenship

What must the government prove in order to expatriate someone?

preponderance of the evidence

What is the standard of proof for expatriation?

clear, unequivocal, and convincing evidence

What is the standard of proof for denaturalization?

denaturalization

Which has the higher burden of proof: denaturalization or expatriation?

renunciation

What is it called when someone willingly gives up their citizenship?

refugee

any person who, owing to well founded-fear of persecution for race, religion, nationality, membership of a particular social group, or political opinion is outside the country of his nationality and is unable or unwilling to avail himself of the protection of that country

Race, religion, nationality, membership of a particular social group, political opinion

What are the five grounds for reasonable fear of persecution for a refugee?

you can’t send a person to a country where they will be facing persecution

What does it mean to say that there is prohibition against refoulement?

asylum, withholding, and relief under the Convention Against Torture

What are the three categories you can apply for relief under as a refugee?

you are in removal and applying for asylum

What is a defensive asylum application?

you’re not in removal and applying for asylum

What is an offensive application for asylum?

if you don’t get any of the relief you applied for, you can apply for voluntary departure so you don’t have a deportation on your record barring you from returning at some pointf

What is the significance of a voluntary departure?

composed of members who share a common immutable characteristic, defined with particularity, and socially distinct within the society in question (have you been firmly resettled and could you hide in another place)

What constitutes “membership in a particular social group”?

yes

Is there discretion when deciding when to grant asylum?

no

Is there discretion when deciding when to grant withholding?

Sessions v. Morales-Santana

This case stated that you can pass your citizenship to them as long as you have lived in the United States for at least 10 years at some point in time, with you being over the age of 14 for at least 5 of those years

* Equal Protection Clause means men and women must have the same requirements in terms of citizenship
* They don’t want a tribe of American citizens who have never even lived in the country