Tag Archives: Amanda Frost

Trump v. Barbara – Ending The “Birth Tourism” Presumption That Birth On U.S. Soil Guarantees U.S. Citizenship

1 Reply

Prologue

Interesting article and even more interesting comments on the 14th Amendment "birthright citizenship" issue.The Trump v. Barbara case to be heard April 1, 2026 will probe which individuals born in the USA are not U.S. citizens at birth.www.nytimes.com/2026/03/30/u…

— John Richardson (@expatriationlaw.bsky.social) 2026-03-31T09:07:48.861Z

On Wednesday April 1, 2026 the Supreme Court of the United States will hear the “Trump v. Barbara” case. This issue is whether birth on U.S. soil is sufficient to confer U.S. citizenship regardless of the legal status of the parents.

You can listen to the live argument on the Supreme Court site. It all takes place on Wednesday April 1, 2026 at 10:00 a.m. Eastern time. I will post the audio on this blog.

Birth Tourism – What is it? Is it a legitimate concern?

A 2022 U.S. Government report on “birth tourism” included:

I. Executive Summary

Birth tourism refers to expecting mothers traveling to the United States to obtain U.S. citizenship for their children. These tourists often cite the superior educational and professional opportunities available in the United States as their justification for making such a trip. Obtaining U.S. citizenship for their children is a hedged bet—a rainy day fund for a better life.

The benefits of U.S. citizenship require little explanation and should be cherished by all who are presented with such a unique privilege. Birth tourists
surely understand the benefits, but fail to comprehend the privilege of U.S. citizenship. Birth tourism is problematic because it short circuits and demeans the U.S. naturalization process. U.S. citizenship is not a backup plan.

VII. Conclusion

The Committee’s investigation demonstrates the prevalence of birth tourism in the United States and how it demeans the naturalization process by
monetizing the privilege of U.S. citizenship. The State Department and CBP should work together to better understand the breadth of birth tourism in the
United States. Congress should also clarify the Immigration and Nationality Act to exclude birth tourism as a permissible basis for temporary travel to the
United States.

https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/2022.12.20-%20Final_Birth%20Tourism%20Report.pdf

PDF here:

2022.12.20- Final_Birth Tourism Report

Clearly and understandably the U.S. Government is not happy with mothers coming to the United States for the sole purpose of giving birth to a U.S. citizen child.
Continue reading →

The Weaponization Of Citizenship: From “You Are NOT American” to “You ARE American”

Leave a reply

Recommended Reading For Americans Abroad

I recently came across the book “You Are NOT American” by Professor Amanda Frost. I read very few books from beginning to end. This particular book I read twice. The subtitle of the book is “Citizenship Stripping From Dred Scott To The Dreamers“. Ms. Frost documents the struggles of those unlikely people who were conscripted into the an internal struggle – invisible to all except those affected – in the United States. I think of this struggle as the “weaponization of citizenship”. Historically this struggle has resulted from the attempts of the United States to reconcile its ugly history of slavery with its beautiful aspirations of freedom. The book is well researched and Ms. Frost was able to tell the stories of the principal “warriors”, bringing them to life in a way that humanized them. Although each person/warrior was the public face of a legal issue (many of their cases were heard by the Supreme Court Of The United States) we learn and understand the facts and circumstances that brought them to the court. While reading the book, I could feel the pain, the frustration and the injustice. We learn how the laws of the day impacted the people of the day. This knowledge comes from Ms. Frost digging into the archives and finding many original sources. The footnotes constitute a “treasure trove” of information akin to reading old newspapers. The book tells the story of “citizenship stripping” as a commentary on American history, culture and values in a broader sense.
Continue reading →

Cook v. Tait: More About The Meaning Of Citizenship Than About The Scope Of Taxation

Leave a reply

Introduction And Purpose

The focus of this blog has always been on citizenship, taxation and citizenship taxation. Although taxation has always been perceived as a necessary burden, citizenship has sometimes been a benefit and sometimes been a burden. James Dale Davidson, writing in “The Sovereign Individual”, expressed the view that in the 20th Century US citizenship was generally a benefit. In the 21st (digital) century US citizenship based taxation has transformed US citizenship into a burden. The numbers of people renouncing US citizenship are a testament to this new reality.

The Weaponization Of US Citizenship – Two Methods

The history of US citizenship as documented in Amanda Frost’s “You Are NOT American”, is an epic story of the “weaponization of citizenship”. I highly recommend Professor Frost’s book – “You Are NOT American” to those interested in the evolution of US citizenship.

Method 1: Weaponization By Claiming The Individual Does NOT Meet The Requirements Of Citizenship

Regardless of the benefits or burdens of US citizenship, it is clear that the United States has a long history of “weaponizing US citizenship”. Professor Amanda Frost in her superb book “You Are NOT American” provides many examples of how the United States has used the concept and status of citizenship to either punish or reward individuals. Generally, Professor Frost describes a history where the use (or misuse) of America’s “nationality laws” has created hardships for people. Citizenship is a part of who people are. It’s part of their personal identity. Citizenship (presumptively) gives people a place or country they can call home. Citizenship (presumptively) gives people a place where they can live without fear of removal. Citizenship matters and the loss of citizenship can be a frightening and destabilizing event in the lives of an individual. It was not until 1967 that the United States Supreme Court in Afroyim ruled that US citizenship was conferred by the Constitution, belonged to the individual and could not (at least if born or naturalized in the US) be taken by the Government. (Of course that is of little comfort to those who can’t prove their US citizenship.)

Method 2: Weaponization By Claiming The Individual Does Meet The Requirements Of Citizenship

A minority of countries in the world confer citizenship based on and only on birth in the country.

Only two countries in the world impose worldwide taxation based on and only on the fact of citizenship.

The United States is the ONLY country that does both!

FATCA assisted the United States in exporting US taxation into other countries and on to the individuals who live in and are tax residents of those countries. In short: the accusation of being a US citizen living outside the United States subjected one to the “disabilities” and “criminalization” imposed by the US extra-territorial tax regime.

The US Supreme Court, Justice Joseph McKenna, And Citizenship In The Early Part Of 20th Century
Continue reading →