Why are babies born in this country granted citizenship regardless of the immigration status of the parents?

Question

I assume that this policy dates back to the days when we were actively looking for new citizens to populate the country, but in this day and age, and given the illegal immigration debates currently dividing ther country, it seems like an antiquated policy that no longer serves the public good.

Answer 1

The provisions in Section 1 have been interpreted to the effect that children born on United States soil, with very few exceptions, are U.S. citizens. This type of guarantee—legally termed jus soli, or "right of the territory"— does not exist in most of Europe or Asia, although it is part of English common law and is common in the Americas.

However, the phrase and subject to the jurisdiction thereof indicates that there are some exceptions to the universal rule that birth on U.S. soil automatically grants citizenship. The following persons born in the United States are not considered "subject to the jurisdiction [of the United States]", and thus do not qualify for automatic citizenship under the Fourteenth Amendment:

* Children born to foreign diplomats;

* Children born to enemy forces in hostile occupation of the United States;

* Children born to Native Americans who are members of tribes not taxed (these were later given full citizenship by the Indian Citizenship Act of 1924).

The following persons born in the United States are explicitly citizens:

* Children born to US citizens;

* Children born to aliens who are lawfully inside the United States (resident or visitor), with the intention of amicably interacting with its people and obeying its laws. - wikipedia

In 1982, The Supreme Court's ruling in Plyler v. Doe stated that illegal immigrants are "within the jurisdiction" of the states in which they reside, which need to be changed.

Answer 2

The Constitution so provides. The law has known two ways of judging citizenship: descent and place of birth. Descent (jus sanguinis) is more common on the continent in Europe, and jus solis is more common in the English-speaking world.

What does not serve the common good is the number of people who would preclude all immigration except by white bread protestants. The only problem with them is their unwillingness to do the smelly work that needs to be done. Really, who's going to cut the grass at the Country Club if there are no recent immigrants?

Answer 3

Be realistic... the constitution works the same for everyone. If that was not the case, some how I would believe that you would not be a citizen today. After all, why should you be granted those benefits when at one point or another I am sure your ancestors where illegal and had kids born here who like magic became citizens. So who is better then the next?

Answer 4

Because the Constitution spells that out...however, we are overdue for an amendment changing that. It was important in it's time, but it has ran it's course and is very bad.

angel...you need to get your facts straight. It is not the same in the majority of the world. In most places, it is the nationality of the parent that is given to the child.

Answer 5

It's a little thing called the US Constitution...

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.

Answer 6

Because they are born on American soil and it is an antiquated policy that should be revised. I know people that specifically come over here to have their babies so they can get dual citizenship and reap the benefits over here without paying into the system (taxes).

Answer 7

you have a legitimate question here. But if you look deeper at the policies of other countries, it is the same.In fact a friend of mine , if he went to Hungary for a tour could be conscripted automatically because his parents were born there. this may be policy in other countries also
if you are lucky(?) to be born in another country and keep it up you have dual citizenship and it's perks or quirks

Answer 8

Its the same every where in the world. Why don't you want the babies to have Legal rights? I think it' s not their fault that there parents here illegally. So why make them suffer?

Answer 9

A loophole.

No one bothered to address the status of the parents of the baby born in this nation. Personally, I think something needs to be addressed when it comes to that.

Answer 10

You are right, it is antiquated and our law makers are not on the ball to fix this problem of "anchor" babies for illegal immigrants. Get 'em out!