2011 Dec 07
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The United States is one of only a few countries that grant citizenship to those born in this country. But even the USA has an exception for children whose parents are diplomats. The basis for the exception is that the diplomats and related foreign goverment staff have allegience to their country and not to the United States.
Read the continuation of this post for a general discussion with examples. See References on Birthright Citizenship for references on the subject.
Don Nordeen
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Read the Continuation of this Post and any Comments.
Or Click Show All for the Above Introduction and the Continuation of this Post and any Comments.
- Key Words: birthright citizenship, immigration, allegience
Birthright Citizenship — Should birth in the USA grant citizenship? (continued)
Introduction
Allegiance is a major factor in citizenship. From Wikipedia, "The United States Oath of Allegiance (officially referred to as the "Oath of Allegiance," 8 C.F.R. Part 337 (2008)) is an oath that must be taken by all immigrants who wish to become United States citizens. The first officially recorded Oaths of Allegiance were made on May 30th, 1778 at Valley Forge, during the Revolutionary War.
The current oath for citizenship is as follows:
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.""
Reference: Oath of Allegiance for Naturalized Citizens, Citizenship and Immigration Services, U.S. Department of Homeland Security, retrieved 2010-06-30.
Also from Wikipedia,"Birthright citizenship in the United States refers to a person's acquisition of United States citizenship by virtue of the circumstances of his or her birth. It contrasts with citizenship acquired in other ways, for example by naturalization later in life. Birthright citizenship may be conferred by jus soli [acquired by location of birth] or jus sanguinis [acquired from one's parents]. Under United States law, any person born within the United States (including the territories of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands)[1] and subject to its jurisdiction is automatically granted U.S. citizenship,[2] as are many (though not all) children born to American citizens overseas."
Consider Examples
| Status of Parents | Description | Allegiance | Should Citizenship be Granted? |
| Considerations | Description of the factors affecting citizenship of the child |
Allegiance has and is a major factor in determining citizenship (See Oath of Citizenship) |
Yes or No |
| Diplomat and Embassy Staff |
Citizens and agents of a foreign government lawfully in the USA |
To the Foreign Government |
No |
| Foreign Visitor |
Alien lawfully in the USA for vacation or visit |
To the Foreign Government | No |
| Student | Alien lawfully in the USA with a student Visa |
To the Foreign Government | No |
| Employee of Foreign Company |
Alien lawfully in the USA with a work Visa | To the Foreign Government | No |
| Person in USA illegally |
Illegal entry and without documentation |
To the Foreign Government | No |
| Legal Immigrant |
Person lawfully in the USA as legal immigration, but without application to seek citizenship |
Unknown, but assumed to be to home country |
No |
| Legal Immigrant | Person lawfully in the USA as legal immigration, and with application to seek citizenship | To the USA |
Becomes citizen when parent becomes a citizen |
| Guest Worker |
Person lawfully in the USA with temporary visa for purpose of guest worker with date of return. | To the home country | No |
| Medical Emergency |
Person in USA because of circumstances related to a medical emergency and in USA hospital being closest capability facility |
To the home country | No |
| Serving in US Armed Forces |
Person lawfully enlisted in the US armed forces (prior status ???) |
Requires allegience to the USA |
Yes, with service and possible other conditions |
| Pregnant woman illegally entered US for purpose of giving birth in US |
Pregnant woman could have many different circumstances including, in the extreme, giving birth without medical care in a USA desert | To the foreign country |
No |
| Status of Parent |
Description | Allegience | Yes or No |
| Status of Parent | Description | Allegience | Yes or No |
| Status of Parent | Description | Allegience | Yes or No |
| Status of Parent | Description | Allegience | Yes or No |
| Status of Parent | Description | Allegience | Yes or No |
As a sovereign nation, the USA must control its borders and granting of citizenship.
In a comment, please add your thoughts on additional conditions that should be considered. Add comments on agreement or disagreement on any of the conditions.
- History :
- 2011 Dec 11 — Initial Post
- Links: Birthright Citizenship — Should birth in the USA grant citizenship? at [http://swagman.typepad.com/curmudgeon/2011/12/birthright-citizenship-should-birth-in-the-usa-grant-citizenship.html]
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Copyright © Donald L. Nordeen. All Rights Reserved. See Copying Posts on This Weblog.
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