Trump administration attempts to use 19th century Native American case to overturn birthright citizenship

In its attempt to end birthright citizenship, the Trump administration has cited a 19th century lawsuit that denied U.S. citizenship to Native Americans. The president’s executive order has been blocked by multiple federal judges, and his use of Elk v. Wilkins to justify the order is generally deemed invalid by legal scholars. But the use of the lawsuit has raised concerns over immigration enforcement in some Indigenous communities, even though Native Americans were granted citizenship in 1924.

Nazune Menka is an assistant professor of law and director of the Center for Indian Law and Policy at Seattle University. She joins us to share more about Elk v. Wilkins and the lasting impact it’s had on relations between tribal and federal governments.

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