Written by: Hannah Huston

Bethany Berger, associate dean for academic affairs and the Allan D. Vestal Chair in Law at the University of Iowa College of Law, filed a Supreme Court amicus brief with Stanford Law professor Gregory Ablavsky in Trump v. Barbara.

The brief explains that Native Americans historically held a unique legal and political status as members of sovereign tribal nations, meaning they were not fully subject to ordinary U.S. laws and courts. Because of this distinct status, the Supreme Court has long recognized that Native peoples represent a narrow historical exception to birthright citizenship principles.

Berger and Ablavsky argue that Petitioners misinterpret this history and improperly use federal Indian law to justify limiting birthright citizenship for children of immigrants. They submitted this brief to help correct these misinterpretations of the history and law surrounding Native peoples.