To: Texas Federalist
nope. Not unless one or other parent is already a
"LEGAL" U.S. Citizen.
To: DeathfromBelow
I didn't know this until a short time ago, but if both parents are Mexican citizens and their child is born on soil of the United States, that child becomes a United States Citizen.
121 posted on
01/08/2004 9:37:56 AM PST by
PhiKapMom
(AOII Mom -- Support Bush-Cheney '04)
To: DeathfromBelow
You're right. My bad.
To: DeathfromBelow; Texas Federalist
"Not unless one or other parent is already a
"LEGAL" U.S. Citizen."
Unfortunately, that is not the state of the law today. The 14th Amendment provides "all persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of the U.S." "Subject to the jurisdiction thereof" has been interpreted to exclude children of ambassadors (who have diplomatic immunity, and thus are not subject to U.S. laws) from U.S. citizenship, but not children of non-citizens or even children of illegal aliens. While I would like to see Congress use Section 5 of the 14th Amendment to legislate that automatic citizenship for persons born in the U.S. will only be afforded to those for whom at least one parent is a U.S. citizen or permanent resident, and then fight it out in court, the current state of the law is that anyone born in the U.S., even if their parents are tourists or illegal aliens, are U.S. citizens.
301 posted on
01/08/2004 11:35:06 AM PST by
AuH2ORepublican
(Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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