Melissa Stewart
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melissastewart.bsky.social
Melissa Stewart
@melissastewart.bsky.social
Assistant Professor of Law
University of Hawai'i at Mānoa, William S. Richardson School of Law

Public International Law | Human Rights | Statelessness | Int’l Environmental Law

https://law.hawaii.edu/people/melissa-stewart/
In the article below, I review some of the history of denaturalization and how this effort fits within a broader agenda, along with the birthright citizenship executive order, to redefine American citizenship and who belongs in our political community.
papers.ssrn.com/sol3/papers....
Birthright Citizenship, Denaturalization, and the Specter of Statelessness
Birthright citizenship is a right that has been enjoyed by nearly every person born on American soil for over 150 years. For those that dream and hope for Ameri
papers.ssrn.com
December 18, 2025 at 2:05 AM
Reposted by Melissa Stewart
Here is a map of the affected countries (excluding Tonga), to give you a sense of how much this new ban restricts immigration from Africa in particular.

Of the newly-added country, Nigeria faces the largest impact, with tens of thousands of visas issued every year to Nigerians.
December 16, 2025 at 8:58 PM
Reposted by Melissa Stewart
People might be surprised by who USCIS has said they will consider are here "temporarily," meaning their children are not entitled to birthright citizenship. This includes DACA recipients, people who have been here for decades under TPS, immigrants protected under CAT.

www.uscis.gov/sites/defaul...
https://www.uscis.gov/sites/default/files/document/policy-alerts/IP-2025-0001-USCIS_Implementation_Plan_of_Executive_Order_14160%20–%20Protecting_the_Meaning_and_Value_of_American_Citizenship.pdf
December 5, 2025 at 9:21 PM
All this and more discussed in my recently updated forthcoming article "Birthright Citizenship, Denaturalization, and the Specter of Statelessness."

papers.ssrn.com/sol3/papers....
Birthright Citizenship, Denaturalization, and the Specter of Statelessness
Birthright citizenship is a right that has been enjoyed by nearly every person born on American soil for over 150 years. For those that dream and hope for Ameri
papers.ssrn.com
December 5, 2025 at 9:21 PM
I also worry about SCOTUS upholding the gov's interpretation of the 14th Amendment as opening the door to future action that is retroactive. This "arbitrary retroactive non-recognition of citizenship" (Bronwen Mandy) is what has rendered 130,000 Dominicans of Haitian descent stateless in the DR.
December 5, 2025 at 9:21 PM
For the hundreds of thousands of people who have lost legal status under TPS and don't have another legal status, they would now fall under the "unlawfully present" category of the EO, meaning their children born here would not be citizens and they would be subject to immigration enforcement.
December 5, 2025 at 9:21 PM
While USCIS has claimed children born to parents here legally but temporarily won't be subject to negative immigration consequences, one could imagine a world in which that could quickly change.
December 5, 2025 at 9:21 PM
People might be surprised by who USCIS has said they will consider are here "temporarily," meaning their children are not entitled to birthright citizenship. This includes DACA recipients, people who have been here for decades under TPS, immigrants protected under CAT.

www.uscis.gov/sites/defaul...
https://www.uscis.gov/sites/default/files/document/policy-alerts/IP-2025-0001-USCIS_Implementation_Plan_of_Executive_Order_14160%20–%20Protecting_the_Meaning_and_Value_of_American_Citizenship.pdf
December 5, 2025 at 9:21 PM
The way this EO interacts with other Trump policies, like denaturalization, removal to third countries, and the cancelling of TPS is particularly troubling.
December 5, 2025 at 9:21 PM