V.M.L. v. Harper
Legal Issues
Overview
Overview
A 2 year old U.S. citizen, represented by the National Immigrant Project of the National Lawyers Guild, filed a habeas petition requesting the court prevent her from deported.
The Issue
Issue
Whether the government may deport a U.S. citizen child under the Alien Enemies Act executive authority.
The Rules
Rule
U.S. citizens are protected from deportation by the Fifth Amendment Due Process Clause. Citizenship cannot be divested and a person removed from the country without prior judicial denaturalization proceedings.
The Application
Analysis
V.M.L., a two-year-old U.S. citizen, filed a habeas petition challenging an attempted deportation under the Alien Enemies Act. The government sought to remove a constitutional citizen without initiating any denaturalization action.
The Conclusion
Conclusion
The court granted the habeas petition, preventing V.M.L.'s deportation and establishing that constitutional protections shield U.S. citizens from removal absent denaturalization.
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