Birthright Citizenship

[George K]

Returning to my question: Are diplomats' children US Citizens? If not, how come?

[kluurs]

Diplomats accredited to the United States and having full diplomatic immunity are listed on the Department of State’s Diplomatic List (Blue List).[7] If either parent was listed on the Blue List when the applicant was born, the applicant is eligible to apply for this benefit. Both parents do not have to be listed for the applicant to be eligible.[8]

Not all diplomats or employees of certain designated international organizations admitted to the United States as an A or G nonimmigrant have full diplomatic immunity and appear on the Blue List. For example, the immunities that apply to a foreign consular officer are not the same as those that apply to diplomats. In order to determine eligibility to register for permanent residence based on being born in the United States in diplomatic status, the applicant must submit official confirmation of the diplomatic classification and occupational title of his or her parent at the time of birth.

USCIS confirms with the Department of State whether the applicant’s parent(s) was on the Blue List at the time of the child’s birth. If an applicant did not have a parent on the Blue List at the time of his or her birth in the United States, then the applicant is a U.S. citizen because the applicant did not have full diplomatic immunity and was therefore subject to U.S. jurisdiction at the time of birth.link text

[Mik]

What’s established precedent for children born here of illegal parents?

[Axtremus]

@Mik said in Birthright Citizenship:

What’s established precedent for children born here of illegal parents?

These children are United States citizens.

Amendment XIV

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.

There is no "exception" for whether the parents are illegal immigrants, only that the children are born or naturalized in the U.S. and subject to the jurisdiction there of.

[Mik]

I know what the text is. How have courts ruled on it? That’s what precedent is.

[jon-nyc]

@George-K said in Birthright Citizenship:

Returning to my question: Are diplomats' children US Citizens? If not, how come?

They’re not “subject to the jurisdiction thereof”.

A buddy of mine was the son of the Italian consul in San Francisco years ago. I have stories,,,, imagine the most entitled 20 year old you ever met having diplomatic plates.

[George K]

@jon-nyc said in Birthright Citizenship:

They’re not “subject to the jurisdiction thereof”.

Why not? Is that because of diplomatic status?

[jon-nyc]

Yep. Diplomatic immunity. An ambassador could shoot a random citizen on the street and all we could do is send them home, unless their home country waives immunity (which has happened in the past for egregious crimes unrelated to their diplomatic role)

[Axtremus]

@Mik said in Birthright Citizenship:

I know what the text is. How have courts ruled on it? That’s what precedent is.

See if “United States v. Wong Kim Ark” floats your boat.
https://tile.loc.gov/storage-services/service/ll/usrep/usrep169/usrep169649/usrep169649.pdf

[George K]

@Axtremus said in Birthright Citizenship:

See if “United States v. Wong Kim Ark” floats your boat.
https://tile.loc.gov/storage-services/service/ll/usrep/usrep169/usrep169649/usrep169649.pdf

Not gonna read 80+ pages from 120 years ago.

Care to summarize?

[taiwan_girl]

I think that the US should get rid of it, but like jolly said, it will probably require some difficulty.

[taiwan_girl]

https://www.nbcnews.com/politics/2024-election/litigation-certainty-trumps-call-end-birthright-citizenship-face-mount-rcna162314

“The United States is among the only countries in the world that says even if neither parent is a citizen or even lawfully in the country, their future children are automatic citizens the moment the parents trespass onto our soil,” Trump said

and

Under Trump’s proposal, at least one parent would need to be a citizen or legal resident for a child to receive birthright citizenship.

and

Despite Trump’s pledge, the plan to end birthright citizenship is not specifically mentioned in the 2024 Republican platform document, which includes a chapter titled “Seal the Border and Stop the Migrant Invasion.”

The platform does include language pledging to “prioritize merit-based immigration” and end chain migration, a term used to refer to people who have U.S. citizenship and then use their status to help other family members enter the country.

[jon-nyc]

Chain- based migration for me, not for thee. That is how Melania’s parents got here after all.

Anyway, this would require an amendment to current immigration law. IOW, a willing house and senate.

[Jolly]

Might get it, with all the illegals in the country.

[Mik]

Now might be a good time to push it.

[jon-nyc]

If he agrees to deport Melania’s parents then sure.

[Mik]

Don’t get me wrong, I think it’s a huge opportunity for mischief. But strategically now would be a good time.

I’m not big on changing long standing constitutional principles.

[taiwan_girl]

One of the things the article mentioned was birth tourists. It has gotten news in Chinese language news - mainland Chinese mothers to be coming to the US and staying long enough to give birth. They usually go back to China, but their son/daughter is now eligible for a US passport.

There have been some "birth hotels" in California that have been raided, etc.

(I do think something like the above is probably not that big a problem, but it does make good news story)

[George K]

@taiwan_girl said in Birthright Citizenship:

here have been some "birth hotels" in California that have been raided, etc.

I have taken care of more than one undocumented illegal immigrant who came to the US to give birth to a US citizen.

[Axtremus]

What's wrong with birthright citizenship?
What's wrong with "anchor babies"?