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99 N.C. L. Rev. 1425 (2020-2021)
Inalienable Citizenship

handle is hein.journals/nclr99 and id is 1475 raw text is: INALIENABLE CITIZENSHIP' IRINA D. MANTA & CASSANDRA BURKE ROBERTSON Over the last decade, citizenship in the United States has become increasingly precarious. Denaturalization cases increased under President Obama and skyrocketed under President Trump. No number of years spent in the United States protects individuals against sudden accusations that they procured citizenship fraudulently or were never eligible for citizenship in the first place. Moreover, the government has challenged the citizenship status even of some individuals-largely from ethnic and religious minority communities-that the government had previously recognized as citizens for decades. If the U.S. justice system is committed to the values of reliance and finality, how can it permit citizenship to be challenged without any time limit? American courts currently do not recognize a statute of limitations for civil denaturalization or apply the traditional doctrines of equitable estoppel or laches to this context. This state of affairs is partly based on judicial misunderstanding of the property-like features of citizenship and of the punitive nature of removing it. We argue that this must change. Denaturalization and citizenship denial undermine the foundation of our democratic system by tolerating second-class citizenship and promoting chilling effects against free speech and political participation. The time has come for the legislative and judicial branches to recognize that delayed citizenship challenges violate constitutional due-process protections. Security of citizenship is an essential bedrock of our constitutional order. INTRODUCTION .............................................................................1426 I. THE MEANING OF CITIZENSHIP.........................................1429 A. Citizenship in America's First Century ...............................1430 * 2021 Irina D. Manta and Cassandra Burke Robertson. ** Irina D. Manta is a Professor of Law and the Founding Director of the Center for Intellectual Property Law at the Maurice A. Deane School of Law at Hofstra University; Yale Law School, J.D.; Yale College, B.A. ** Cassandra Burke Robertson is the John Deaver Drinko-Baker Hostetler Professor of Law and Director of the Center for Professional Ethics at Case Western Reserve University School of Law. University of Texas School of Law, J.D.; University of Texas LBJ School of Public Affairs, M.P.Aff.; University of Texas M.A. (Middle Eastern Studies); University of Washington, B.A. We would like to thank Kimberly Capuder and Fiona Hogan for their research assistance as well as Taylor Belknap and the editorial staff of the North Carolina Law Review for their thoughtful suggestions and editorial assistance. We are grateful for institutional support to the Case Western Reserve University School of Law, NYU School of Law, St. John's University School of Law, and Maurice A. Deane School of Law at Hofstra University.

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