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The Scholars' CircleAuthor: The Scholars' Circle
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Scholars’ Circle – SCOTUS Decisions: Birthright Citizenship and Refugee Rights – July 5, 2026
Monday, 6 July, 2026
The 14th Amendment of the US Constitution, Section 1 reads as follows: “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 wherein they reside.” So all persons born in the US are citizens. We call this Birthright Citizenship. In Trump v Barbara, the US Supreme Court agreed. But only 5 of the 9 justices agreed. So what was the decision of the Court in this case, and what is the status of citizenship in the US? And how does it relate to the two asylum cases the Supreme Court decided, on temporary protective status or TPS and on where a person can claim asylum. On today’s show, we discuss the US and immigration and asylum. [ dur: 58mins. ] Naomi Paik is Associate Professor of Global Asian Studies and Criminology, Law and Justice at University of Illinois, Chicago. She is the author of Bans, Walls, Raids, Sanctuary: Understanding U.S. Immigration for the 21st Century and Rightlessness: Testimony and Redress in U.S. Prison Camps since World War II, winner, Best Book in History. Gabriel “Jack” Chin is Distinguished Professor of Law and Director of Clinical Legal Education at UC Davies School of Law. The U.S. Supreme Court has cited his work in two cases: Chaidez v. United States and Padilla v. Kentucky. And Justice Sotomyer has cited his law article in Utah v. Strieff. He is the co-author of Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation and author of A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens. Hiroshi Motomura is the Susan Westerberg Prager Distinguished Professor of Law at the University of California, Los Angeles. He is the author of Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States and his latest book Borders and Belonging: Toward a Fair Immigration Policy. Anna Law holds the Herbert Kurz Chair in Constitutional Rights at Brooklyn College, City University of New York. She is the author of The Immigration Battle in American Courts and Migration and the Origins of American Citizenship: African Americans, Native Americans, and Immigrants. This program is produced by Ankine Aghassian, Doug Becker and Sudd Dongre. Politics and Activism, Governance / Law, Courts, Refugees, asylum seekers, birthright, Jurisdiction
