Should babies born in the US by non-citizens automatically become citizens?

Question

Is this a common law in other nations around the world?

Answer 1

yes

Answer 2

This is a difficult question, because it's not a common law in other nations, but it is here. The unfortunate thing though is that we do currently have individuals coming across the border to have their children so that the kids are U.S. citizens and the parents then have the right to stay here. I really don't have a problem if they want to become a U.S. citizen and contribute with Taxes and such...the real problem is the paperwork and how long it takes to become one. It can take years to become a U.S. citizen or even get a work visa. We need to spend more money in getting those people that want to be here into our system. Though then you have the issue that not all want to be here to pay taxes but earn money...and then there are the companys that hire illegal aliens and pay them less than minimum wage...will having a better immigration system cause prices to go up because it will cost more to do it. The whole problem is very complex, I'm not sure what the answer is..but I've gone off on a tangent.

Answer 3

What a lot of hysteria.

To answer your question as you asked it: there are a number of countries in the world that afford citizenship to any child born there; the US is simply one of those.

As for the question about this law, it is far more complex than some seen to think. For example:

What if one parent is legal and one parent is illegal?

What if parents are legal, but then fall out of status, or overstay?

What if they're illegal at conception but are in adjustment proceedings when the kid is born? Vice versa? Etc., etc.

The people who talk about this stuff seem to think illegal status is some obvious and immutable characteristic.
They also seem to think that citizenship is adjudicated at birth. People will pop up at age 10, 15, 20, or 45 with birth certificates and passport applications - how will anyone prove then, one way or the other, what immigration status their parents had the day they were born?

Oh, yeah - one more little problem: if a birth cert is no longer proof of citizenship, what the heck document are all the other 250 million of us supposed to produce when we apply for a passport? I'm almost 60 - next time I want a passport, how do I prove my parents were here legally before World War One?

Imagine the racket these people who are so offended by the 14th Amendment would make if they applied for US passports and were asked to prove that their parents were legally in the US on the day they were born. For most it would be impossible to do so.

Answer 4

It's not simply a matter of law. The 14th Amendment to the U.S. Constitution would have to be changed.


Amendment 14

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."

Answer 5

Since the constitution reads the way it does, no choice in the matter. If you disagree, tell your Congressman to change that! Should they be "automatically" ... no.

To me citizenship is something that must be comprehended, and comes with responsibility, which a child obviously is not capable of. These children could be given the option of choosing later in life when they are older, but not 'automatically.'

My hubby was a foreigner, just as many in the country. But what really makes me angry, is that we took the time and effort to jump thru all the hoops, cross all the T's, dot all the I's, to make sure everything was done the right way for him to be a citizen, and these others just sneak in and expect to TAKE and be GIVEN what we work for! I have no patience or respect for that.

Answer 6

Automatic birthright citizenship has been abolished by every EU country and Canada for the same reason we should do it: It is used far too often to 'game' our immigration laws and entitement programs.

I'd say one parent a citizen or one parent a permanent resident holder, who has to be married to the other parent in the event the other parent is neither a citizen nor a permanent resident holder. The idea is that the child is part of the family (in the true sense of the word) of the citizen/permanent resident.

http://www.tehachapinews.com/home/Blog/jimr/7671

Answer 7

No it is not common outside of the Americas. Most nations do not recognize the citizenship of a child born to non-citizens.

Answer 8

Only if at least 1 parent is a citizen.

Answer 9

Absolutely not. I believe that if your parents are not citizens, you share the same status. We need to abolish the "Anchor Baby" rule or the families will be sending over anyone who is pregnant or preparing to become pregnant.

Answer 10

Usually, just being born in a country qualifies you to be a citizen of that country. I don't think we should change the constitution just yet regarding this topic. However, if they are born to illegals they are also citizens of whatever nationality their parents are so we can still send them back with their parents but they do have the right to come back when they are older.

Answer 11

I have yet to hear the logic on why yes should be the answer , liberals will say yes just to disagree with the common sense people , but I wonder if anyone intelligent can offer any logic