Elemegious Mugamba (Autonomous University of Barcelona; University of London) has posted The Jurisprudence of ‘Hereditary Suspects’: Deconstructing the Shift from Jus Soli to Genealogical Culpability on SSRN. Here is the abstract:
This article interrogates the emerging U.S. administrative jurisprudence of the “Hereditary Suspect”, a legal subject whose citizenship is rendered provisional through the weaponisation of genealogical origin. Deconstructing the executive shift from jus soli (territorial birthright) to a “cultural determinism” that views the descendants of “failed states” as carriers of intergenerational pathology, the research argues this constitutes a violation of the Fourteenth Amendment’s anti-caste principle. Utilizing a socio-legal framework bridging Critical Race Theory, Agamben’s “state of exception,” and empirical analysis of intergenerational mobility, the study falsifies the administration’s claims of “assimilation failure.” Findings demonstrate that the administrative rhetoric employs “epistemic violence” to construct a “liminal citizenship,” where rights are contingent on disproving ancestral culpability. The article concludes that this “genealogical culpability” threatens to replace the liberal legal subject with a “probationary citizen,” fundamentally altering the architecture of Western democratic belonging.