a. Antonia “Toni” Shehu is a nineteen-month-old girl who was born in Texas to Albanistanian parents who legally entered the United States (US) while they both attended university. Unfortunately, Toni’s parents forgot to renew their visas in their excitement as new first time parents. As a result, they unintentionally overstayed their authorized time in the US. To make matters worse though, Toni’s mother was recently killed in a car accident. b. Toni is presently being cared for by her father, Alix, who recently received notice that he is scheduled for a deportation hearing next month. Scared, Alix came to your law firm to find out what to do about his predicament. c. Your boss, the attorney who met with Alix, has asked you to do some quick legal research to determine the very narrow question of whether either Alix or Toni qualify as citizens of the United States. What answer would you provide to your boss? What is the basis for your explanation?

QUESTION

1. Read Dred Scott v. Sandford, 60 U.S. 393 (1857).

2. Read United States v. Wong Kim Ark, 169 U.S. 649 (1898).

3. Read Korematsu v. United States, 323 U.S. 214 (1944).

4. Read Afroyim v. Rusk, 387 U.S. 253 (1967).

5. Describe your understanding of what citizenship is.

6. Apply that to the following hypothetical factual scenario:

a. Antonia “Toni” Shehu is a nineteen-month-old girl who was born in Texas to Albanistanian parents who legally entered the United States (US) while they both attended university. Unfortunately, Toni’s parents forgot to renew their visas in their excitement as new first time parents. As a result, they unintentionally overstayed their authorized time in the US. To make matters worse though, Toni’s mother was recently killed in a car accident.

b. Toni is presently being cared for by her father, Alix, who recently received notice that he is scheduled for a deportation hearing next month. Scared, Alix came to your law firm to find out what to do about his predicament.

c. Your boss, the attorney who met with Alix, has asked you to do some quick legal research to determine the very narrow question of whether either Alix or Toni qualify as citizens of the United States. What answer would you provide to your boss? What is the basis for your explanation?

7. Explain what access to justice issues are related to this sort of modern citizenship question, and make suggestions about how to reduce the legal burdens associated with such problems.

ANSWER

Understanding Citizenship and Access to Justice in Modern Legal Contexts

Introduction

In the context of determining citizenship in the United States, several landmark Supreme Court cases have shaped the interpretation and understanding of citizenship rights. This essay explores key legal cases involving citizenship, namely Dred Scott v. Sandford, United States v. Wong Kim Ark, Korematsu v. United States, and Afroyim v. Rusk. Building upon this foundation, we then analyze a hypothetical scenario involving Antonia “Toni” Shehu, an infant whose parents are facing deportation. Finally, we discuss the access to justice issues related to modern citizenship questions and suggest ways to reduce legal burdens in such cases.

Dred Scott v. Sandford, 60 U.S. 393 (1857)

Dred Scott v. Sandford was a pivotal case in the 19th century that addressed the issue of citizenship for African Americans. The Supreme Court ruled that African Americans, whether enslaved or free, could not be U.S. citizens and therefore lacked the legal standing to sue in federal court. This decision perpetuated racial discrimination and laid the groundwork for the later Civil Rights movement.

United States v. Wong Kim Ark, 169 U.S. 649 (1898)

United States v. Wong Kim Ark established the principle of birthright citizenship. The Court held that a child born to parents who were lawful permanent residents and domiciled in the United States automatically acquires U.S. citizenship at birth, irrespective of the parents’ nationality or immigration status (United States V. Wong Kim Ark, n.d.). This ruling reaffirmed the principle that birth on U.S. soil confers citizenship.

Korematsu v. United States, 323 U.S. 214 (1944)

Korematsu v. United States addressed the constitutionality of the internment of Japanese Americans during World War II. Although not directly related to citizenship, this case highlighted the violation of civil liberties and the mistreatment of individuals based on their national origin (Facts and Case Summary — Korematsu V. U.S., n.d.). It serves as a reminder of the potential consequences of discrimination in the realm of citizenship rights.

Afroyim v. Rusk, 387 U.S. 253 (1967)

Afroyim v. Rusk dealt with the right to retain U.S. citizenship. The Court ruled that the government could not involuntarily strip a U.S. citizen of their citizenship without their explicit and voluntary renunciation (Afroyim V. Rusk, 387 U.S. 253 (1967), n.d.). This case established that citizenship is a fundamental right, and individuals have a significant degree of control over their citizenship status.

Understanding the Hypothetical Scenario

In the hypothetical scenario, Toni Shehu, a nineteen-month-old girl, was born in Texas to Albanistanian parents who legally entered the U.S. as university students. Due to an oversight, her parents inadvertently overstayed their visas. Furthermore, Toni’s mother recently passed away. b. Toni’s father, Alix, has received notice of a deportation hearing. Concerned about his predicament, Alix seeks legal advice to determine if either he or Toni qualifies as a U.S. citizen. c. Based on the information provided, Alix and Toni do not automatically qualify as U.S. citizens. While Toni was born on U.S. soil, her parents’ immigration status and their failure to renew their visas may impact their eligibility for citizenship. However, further research and analysis would be necessary to fully assess their potential options, such as seeking asylum or exploring avenues for legal residency.

Access to Justice Issues and Reducing Legal Burdens

Access to justice issues arise in modern citizenship questions, particularly for vulnerable individuals or those lacking legal resources. To reduce legal burdens associated with such problems, the following suggestions can be considered:

Legal Aid and Pro Bono Support: Expanding access to legal aid programs and encouraging pro bono services can assist individuals who face citizenship challenges but lack financial means to hire private attorneys.

Simplified Legal Procedures: Streamlining the bureaucratic processes involved in citizenship applications and hearings can help minimize unnecessary complexities and burdensome paperwork.

Public Awareness Campaigns: Raising awareness about citizenship rights, eligibility criteria, and available legal resources can empower individuals to understand and assert their rights in a timely manner.

Collaborative Efforts: Encouraging collaboration between legal professionals, nonprofit organizations, and community advocates can facilitate the sharing of expertise and resources, ultimately enhancing access to justice for those in need.

Policy Reforms: Continuously reviewing and updating immigration and citizenship policies to ensure fairness, flexibility, and adherence to fundamental rights can contribute to reducing legal burdens and promoting a more just system.

Conclusion

Citizenship is a multifaceted concept that encompasses legal rights, responsibilities, and protections. The Supreme Court cases mentioned above have played a significant role in shaping the understanding of citizenship in the United States. In the hypothetical scenario, further legal analysis would be required to determine the citizenship status of Alix and Toni. Access to justice issues related to citizenship questions highlight the importance of providing adequate legal support and reducing barriers for individuals navigating complex legal processes. By implementing the suggested measures, we can strive towards a more equitable and inclusive system, ensuring that all individuals have fair opportunities to exercise their citizenship rights.

References

Afroyim v. Rusk, 387 U.S. 253 (1967). (n.d.). Justia Law. https://supreme.justia.com/cases/federal/us/387/253/ 

Facts and Case Summary — Korematsu v. U.S. (n.d.). United States Courts. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-korematsu-v-us 

United States v. Wong Kim Ark. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/united_states_v._wong_kim_ark