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USA citizenship?

If a foriegn pregnant lady were on a trip in the United States and went into labor and had baby while she was in the USA could the child lay claim to be a U S citizen?

9 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    The Fourteenth Amendment

    excludes the children of aliens.

    (The Slaughterhouse Cases (83 U.S. 36 (1873))

    The Fourteenth Amendment

    draws a distinction between the children of aliens

    and children of citizens.

    (Minor v. Happersett (88 U.S. 162 (1874))

    The phrase "subject to the jurisdiction"

    requires "direct and immediate allegiance"

    to the United States, not just physical presence.

    (Elk v. Wilkins 112 U.S. 94 (1884))

    There is no automatic birthright citizenship

    in a particular case.

    (Wong Kim Ark Case, 169 U.S. 649 (1898))

    The Supreme Court has never confirmed

    birthright citizenship for the children of illegal aliens,

    temporary workers, and tourists.

    (Plyler v. Doe, 457 U.S. 202, 211 n.10 (1982))

    There are other cases

    referring to minor details of the question.

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  • 1 decade ago

    DEFINITELY so!! ANY child born in the USA can claim USA citizenship if the correct birth certificate/paperwork is filed there after the birth.

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  • Niecy
    Lv 6
    1 decade ago

    Yes the child would be a US citizen. Anyone born in the US is a US citizen.

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  • Anonymous
    1 decade ago

    Yes.

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  • Anonymous
    1 decade ago

    Yes, to the U.S. and to the country the woman is originally from.

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  • Anonymous
    1 decade ago

    yes

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  • Anonymous
    1 decade ago

    yes. Hopefully they don't use the baby as an anchor.

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  • Anonymous
    1 decade ago

    absolutely

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  • thankfully yes, and so should every illegal immigrant should be allowed into this country

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