Hundreds of thousands of children are born to illegal immigrants every year. Legal residents, illegal immigrants and temporary visitors who give birth in the United States will be giving birth to children who will be considered U.S. citizens. However, it is possible that this right to U.S. citizenship may be stripped away. If you are in the United States and are pregnant, it is important that you understand how this right works.
The 14th Amendment And Birthright Citizenship
It is often believed that the 14th Amendment was designed to mandate that anyone born in the United States is a U.S. citizen, even if that individual's parents were born outside the U.S. This is a policy that is uncommon throughout the rest of the world. There are other countries that have had these policies in the past, but have chosen to repeal them.
Birthright Citizenship Might Not Remain U.S. Law Forever
There have been some attempts to repeal birthright citizenship on both the left and the right. For the birthright citizenship policy to be repealed, Congress would have to pass a bill. Then, the Supreme Court would be responsible for determining whether the bill would be Constitutional. However, some constitutional scholars argue that it would require an amendment.
The constitutional amendment reads: "All persons born or naturalized in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States." The justification of this amendment was a Supreme Court ruling that argued that those who were freed slaves were not U.S. citizens.
Some Born In The U.S. Already Do Not Receive Birthright Citizenship
Years later, 1898 Supreme Court case ruled that anyone who was not born to a U.S. diplomat, a hostile occupying force or who was on a foreign public ship would not be considered a citizen of the United States.
Where You Must Be Born
Currently, the birthright citizenship applies to those who are born within the United States or one of the U.S. territories. Those who are born in an outlying possession is considered a U.S. national, but not a U.S. citizen. Nationals are allowed to travel to and from the U.S. and receive protection from the U.S. However, they do not have the right to vote or apply for jobs that require a U.S. citizenship.
Regardless of what the current legislation is, if you intend to immigrate to the United States, you should consider contacting an immigration lawyer like Carmen DiAmore-Siah Attorney At Law.