Do you think a child being born on our soil is an american when the parents are both mexican?

Question

I had my daughter over seas and she is an american not a french citizen,,,How do you feel about this and it is time to change that law for sure,

Answer 1

It's definitely time to change the law.

Answer 2

According to the law it's a citizen. I think it should depend on the situation. If the kid is born to parents who are in the military over seas technically it is born on a base which is American soil. I think the law should be changed. The way it is now leaves to many doors open. At least one of the parents should be an American citizen for the baby to be. As for the people worrying about there only being 'native Americans' around if the law had been written differently to begin with It is not the 1700's or even the 1800's things change laws should change with the times. Besides I am part Native American on both sides of my family so even if the law was the way I think it should be I would still be here.

Answer 3

No the law should not be changed. France and Germany and other countries have always had a "blood kinship" idea of citizenship. America has NEVER had such a notion, nor should we.

If you're born on American soil, you're an American. That rule is enshrined in the Constitution for a good reason. It's incredibly powerful. It says that being American is not a function of who your parents are or where they came from. It's a function of who each individual is. It says that whoever your parents were or how they manged to get here, if you're born our our soil, you're one of us. What other country takes so many people from so many places and instills in them a sense of belonging and shared national identity. No place on earth but here.

Answer 4

I believe that children born in the United States should automatically become U.S. citizens. That's just the way we operate here. I'm willing to bet that a good majority of those folks complaining about the US immigration policy can look back five generations or less and find an immigrant in their family tree.

I think that the immigration "problem" is a political diversion to draw our attention to inward policies while our government goes on with its controversial foreign policy. Yes, I worry about potential terrorists being allowed into the country unchecked and I do want to see tighter borders and more active searches for illegals. However, I seriously doubt that the "Mexican" washing the dishes at the restaurant down the street is any kind of threat at all.

Answer 5

As United States v. Wong Kim Ark showed in 1898, all children born on US soil are protected by Section 1 of the 14th amendment.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

On a less legal and more personal note, yes I believe that anyone born in the U.S. should be a full citizen of the United States.

I'm not sure to which law you reference, but the U.S. law need not be changed. The French law is a rather recent change ('92) and the child can still request French citizenship at adulthood, the only issue being the bureaucratic process itself and the annoying bits therein.

Answer 6

Any child that is born to an American citizen is automatically legally a citizen, no matter what country they are born in. If the child was born in the US, she is also a citizen even if the parents are not. The upside to having the child in the US while not a citizen, is that it makes it easier to obtain citizenship, if that is their wish.

Answer 7

well according to the rules the child is an american citizen but that doesn't mean she can't be deported with her parents. Since your daughter was born overseas and an American citizen then that's because you and or your husband are American citizens as well. You should see what the rules are for French Citizenship is. All countries are different and you shouldn't compare our system to someone elses. I don't think the rules should change.

http://en.wikipedia.org/wiki/United_States_citizenship

Answer 8

OK, the way it works in America is this. You and the child's father could be illegal immigrants from lets just say Mexico, and you have your baby on American soil. This does not change the fact you and your husband are illegal, however it does mean your newborn child is a Legal natural born citizen of the united states, and therefore has rights and you don't. Messed up right? Here are a bunch of related details provided in the link of course

Answer 9

As far as I know, a child born on American soil is automatically an American citizen by birth.

Answer 10

no i don't think they should be considered American if a foreigner gives birth to their child here. if we (Americans) had our children elsewhere, they would still be considered Americans....I don't think it's fair really, because they had no business coming over here in the first place. and I think that's really underhanded because they know they will be able to stay once they have their child on American soil. most of them don't know a lick of english, and yet they can get driver's liscence's . they even have the driving books in spanish! but what i don't understand is, if they can't speak english, then how are they going to know what any of the signs say because they are all in english! whats wrong with this picture? ok, i'm getting off topic here... I agree, it's time to change that law indefinately.

Answer 11

Yes. Anyone born in America is an American. I was not born in America and am also an American citizen because my mother is an American citizen. There are different ways of becoming a citizen, but they are all valid.