Peter Spiro
Law prof, Temple U. All things citizenship
- Almost certainly unconstitutional, at least under existing precedent (SCOTUS decisions in Afroyim and Terrazas). But it’s never going to get that far - too many on both sides of the aisle (start with Melania and Baron, and all those Italian and Irish dual citizens) who would fight to keep it.
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- This will go nowhere but still…
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- Category capped at 40k visas a year. This will probably create backlogs and processing delays for aliens who actually have extraordinary ability
- Back to this from a couple of weeks ago. Glad to know that Kimmel has a Plan B if he needs it.
- So they found a legal workaround for the “Gold Card” - anyone who donates a million bucks automatically qualifies as an “alien of extraordinary ability”. Totally absurd but probably will stick. No one will have standing to challenge.
- "I love Italy. I like the idea of being a citizen there. And mostly what I like to do is bring my passport to parties and show it to people and make them jealous."
- Anyone know if Naomi Osaka actually relinquished her US citizenship? Her name never showed up on the renunciation list and Japan now quietly tolerant of birth dual citizens maintaining the status into adulthood.
- Crazy story at the intersection of 14th amendment and citizenship qualifications for the franchise.
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- Reposted by Peter SpiroHanging out in Budapest with a great citizenship crowd ❤️ @jdzankic.bsky.social @bronwenmanby.bsky.social @peterspiro.bsky.social
- Great to back in Budapest to teach at this year's edition of CEU's summer school on Contestations of Citizenship in Times of Global Democratic Backsliding. Looking forward to exchange insights with participants! Thanks for the invitation @jdzankic.bsky.social & Szabolcs Pogonyi. lnkd.in/dqxq-Qn6
- Why policing dual nationality makes no sense
- Delighted to join!
- Great to back in Budapest to teach at this year's edition of CEU's summer school on Contestations of Citizenship in Times of Global Democratic Backsliding. Looking forward to exchange insights with participants! Thanks for the invitation @jdzankic.bsky.social & Szabolcs Pogonyi. lnkd.in/dqxq-Qn6
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- Reposted by Peter SpiroI don’t think anyone is prepared for what they just did w/ ICE. This is not a simple budget increase. It is an explosion - making ICE bigger than the FBI, US Bureau of Prisons, DEA,& others combined. It is setting up to make what’s happening now look like child’s play. And people are disappearing.
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- “Fraud” can be broadly defined so definitely cause for concern. SCOTUS 2017 decision below unanimously held that misrep must have been “material”. Courts exercise closer scrutiny here than with respect to immigration policies, but there are probably lots of cases in which govt still prevails.
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- Legit terrifying
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- I'm still reasonably confident that it won't end this way, and that birthright citizenship is validated against the Trump EO. But if it does end this way (and who knows these days), it will a devastating blow to the Constitution as we have known it.
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- This sounds right to me. Birthright citizenship a case to advance unrelated agenda. Will be a lot of confusion but in the end fairly confident one way or another that birthright citizenship will stick - nationwide.
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- "The White House still needs to determine crucial details about the scheme, although three months ago Lutnick claimed on the All-In Podcast that it would launch in about a fortnight."
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- Not even Al Jazeera is pointing out that there’s no legal authority for this. It’s just completely made up, a dumb Trump idea that Howard Lutnick is carrying the water on. Some followers probably think it will solve the deficit.
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- Trump Card is NOT coming unless there’s a statute to back it up. Or this is some side hustle/grift in which you get “Trump” “citizenship” and has nothing to do with the real thing.
- Grift theory backed up by fact that you can apply for “citizenship” as a “business”
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- Reposted by Peter SpiroOn June 8-9, Italy will hold a referendum, including one question on reducing naturalisation residency from 10 to 5 years. With @maartenpvink.bsky.social & @yajnagovind.bsky.social we suggest that this would align Italy’s citizenship laws with much of Europe. firenze.repubblica.it/dossier/fire...
- New twists on the "Gold Card." 1) Would be a donation, not an investment. 2) Holders would pay US income tax on US income only. Going to say it once more: THERE IS NO STATUTORY AUTHORITY FOR THIS. Presidents can't give out green cards (or change tax law) without congressional okay.
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- Coda to the Louis Menand review of Buckley bio - lines up with the recent David Brooks column on Trump
- Reposted by Peter SpiroOn 8–9 June, Italian citizens vote in referendum to reduce the residency requirement for non-EU nationals to apply for 🇮🇹 citizenship from 10 years to 5 With @lorenzopiccoli.bsky.social & @yajnagovind.bsky.social in @larepubblica.bsky.social on why this matters firenze.repubblica.it/dossier/fire...
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- Spoiler: Yes.
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- Parodic emanation of the ridiculous Australian ban on dual citizen officeholding
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- Absolutely no statutory authority for “fast tracking” citizenship on any basis
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- Answer (constitutionally) is yes. But what happens when Trump decides to audit his tax returns? Better just to renounce? It’s not like he’s going to need his US passport any more.
- Nice obit companion from Adam Liptak talking to us clerks
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- Deeply saddened by the death of David Souter, for whom I clerked during his first term on the Supreme Court, 1990-91. He was a good and decent person, an old-school judge in the best possible sense. To an extraordinary extent, for DC at least, he never let his ego get in the way. Of another era alas
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- State Department guidance on US citizens serving as foreign heads of state: travel.state.gov/content/trav...
- Not impossible given public anti-Trump stances that Trump will try to muscle Leo out of his US citizenship. No precedent for US citizen serving as foreign head of state. Weak case for stripping native-born citizenship w/o renunciation (see Vance v Terrazas 1980) but Pope hardly likely to litigate
- Reposted by Peter SpiroPope Leo XIV: ‘There Couldn’t Be A Better Time To Get The Fuck Out Of America Forever’
- Possibly interesting questions about US citizen serving as head of another state. Valdas Adamkus renounced before election as Lithuanian president in 1998. Many examples of cabinet-level officers (eg Boris Johnson as Foreign Secretary). Will anyone even raise the issue in Pope Leo's case?
- Sharply critical commentary from @profkochenov.bsky.social on ECJ's Malta investor citizenship decision.
- This gold card thing is going to be the infrastructure week of Trump II
