Origin, Submission by civil society organizations to the U.N. Committee on the Elimination of All Forms of Racism (July 11, 2014), at 2. 683. Meyer v. Nebraska, 262 U.S. 390, 399 (1923); Skinner v. Oklahoma, 316 U.S. 535 (1942); M.L.B. v. S.L.J., 519 U.S. 102 (1996) (“[T]he interests of parents in their relationship with their children is sufficiently fundamental to come within the finite class of liberty interests protected by the Fourteenth Amendment.”). 684. As noted above, the Fifth Amendment’s Due Process Clause incorporates the equal protection guarantee applied to the federal government. Bolling v. Sharpe, 347 U.S. 497, 499 (1954). 685. Castelano et al. v. Clinton, 2d Amend. Compl., para. 36, U.S. Dist. Ct. S.D. Tex., 08-cv-57, para. 200. 686. Hannah Arendt, The Origins of Totalitarianism, 293 (1973) (“The Rights of Man, supposedly inalienable, proved to be unenforceable—even in countries whose constitutions were based upon them—whenever people appeared who were no longer citizens of any sovereign state…Although everyone seems to agree that the plight of these people consists precisely in their loss of the Rights of Man, no one seems to know which rights they lost when they lost these human rights.”). 687. Beatrice McKenzie, To Know a Citizen: Birthright Citizenship Documents Regimes in U.S. History, in Benjamin N. Lawrance and Jacqueline Stevens, eds., Citizenship in Question: Evidentiary Birthright and Statelessness (2016). 688. Hannah Arendt, The Origins of Totalitarianism 278 (1973) (“[T]here was hardly a country left on the Continent that did not pass between the two wars some new legislation which, even if it did not use this right extensively, was always phrased to allow for getting rid of a great number of its inhabitants at any opportune moment.”). 689. See, e.g., Linda Kerber, The Stateless as the Citizen’s Other: A View from the United States, in Seyla Benhabib & Judith Resnik, eds., Migrations and Mobilities: Citizenship, Borders, and Gender 84-86, 90 (2009); Giorgio Agamben, Homo Sacer: Sovereign Power and Bare Life 132-33 (1995). 690. Rachel E. Rosenbloom, The Citizenship Line: Rethinking Immigration Exceptionalism, 54 B.C.L. Rev. 1695 (2013). 691. UN Human Rights Council, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, A/ HRC/38/52, Apr. 25, 2018, at para. 67, https://undocs. org/A/HRC/38/52. 692. Beatrice McKenzie, To Know a Citizen: Birthright Citizenship Documents Regimes in U.S. History, in Benjamin N. Lawrance and Jacqueline Stevens, eds., Citizenship in Question: Evidentiary Birthright and Statelessness 120 (2016) 192 (on Chinese exclusion: “With other groups, immigration officials looked for indications of inadmissibility among a largely admissible group. …For those of Chinese descent on the West Coast, however, government officials looked for admissible individuals within a largely excludable group.”) 693. Id. 694. Id. at 19 (“Adapted from English common law, citizenship by jus soli applied to the children of white immigrants, those “free white persons” deemed naturalizable under the Naturalization Act of 1790.”). 695. Rogers Brubaker, Citizenship and Nationhood in France and Germany 50 n.2 (1992) (“In the United State, the semantic overlap between ‘nationality’ and ‘citizenship’ reflects the political definition of nationhood and the fusion of the concepts of nation and sovereign people.”); Jared A. Goldstein, Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump, 20 J. of Const. L. 489, 496 (2018) (citing Hans Kohn, American Nationalism: An Interpretive Essay 20 (1961)). 696. Jonathan Swan & Stef W. Knight, Exclusive: Trump targeting birthright citizenship with executive order, Axios (Oct. 30, 2018), https://www.axios.com/trump-birthright-citizenship-executive-order-0cf4285a-16c6-48f2-a933-bd71fd72ea82.html. 697. Alexandra M. Wyatt, Birthright Citizenship and Children Born in the United States to Alien Parents: An Overview of the Legal Debate, Congressional Research Service (Oct. 28, 2015), at 17; see also id. at 1 n.1 (citing congressional hearing testimony from 2005 and 2015 in the House Judiciary Committee, Subcommittee on Immigration and Border Security). 698. Alexandra M. Wyatt, Birthright Citizenship and Children Born in the United States to Alien Parents: An Overview of the Legal Debate, Congressional Research Service (Oct. 28, 2015), at 14. 699. See, e.g., Jeffrey S. Passel, D’Vera Cohn & John Gramlich, Pew Research Center, Number of U.S.-born babies with unauthorized immigrant parents has fallen since 2007 (Nov. 1, 2018), https://www.pewresearch.org/ fact-tank/2018/11/01/the-number-of-u-s-born-babies-with-unauthorized-immigrant-parents-has-fallen-since-2007/ (“An NBC News/Wall Street Journal survey conducted in September 2017 found that around two-thirds of Americans (65%) said birthright citizenship should continue, compared with 30% who said it should end.”). 700. Hannah Arendt, The Origins of Totalitarianism 55 (1973). 701. Martha S. Jones, Birthright Citizens: A History of Race and Rights in Antebellum America 4 (2018). UNMAKING AMERICANS