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Are children born in American soil but from illegal immigrants American by birth?

Is the citizenship granted automatically or s.he have to ask for it? Is it vary by each country too?

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  • DrPhil
    Lv 6
    7 years ago
    Favorite Answer

    Actually, no.

    The 14th Amendment grants citizenship to those born in the United States, "who are subject to the jurisdiction of the US and the State in which they reside."

    However, Illegal aliens are not subject to the jurisdiction of the United States, and the Supreme Court has never explicitly stated they are.

    Elk v. Wilkins, 112 U.S. 94 (1884), found that because aboriginal Americans, their tribes being recognized quasi nation states with which the US had treaty obligations, and the aboriginals allegiance thereto, were not US citizens despite living within the borders of the United States.

    In United States v. Wong Kim Ark, 169 U.S. 649 (1898), found that a child born in the United States to parents who are legally domiciled in the United States are in fact, native born citizens. However, Wong's parents were here legally at the time of his birth.

    In neither case, did the Supreme Court find that those in this country illegally, or born to those individuals here illegally, were subject to the jurisdiction of the United States or the individual state in which they reside.

    The problem within the United States is that there has been an unchallenged assumption of jus soli as regards illegal migrants. Latin for 'right of soil', this is the idea that citizenship is granted by simple virtue of having been born in a particular country.

    This is a direct consequence of the Indian Citizenship Act of 1924, also called the Snyder Act. Essentially, aboriginal Americans were granted citizenship because they were born within the confines of the United States, strengthening an assumption of jus soli when dealing with children of illegal aliens.

    However, at no time in any of the above cases are children of illegal aliens addressed.

    At root, the 14th Amendment does not, in fact, consider the idea of illegal aliens at all. At the time the problem was so insignificant as to not warrant thought.

    It is the amendment's language that has allowed the spurious assumption that children of illegal aliens are automatically US citizens.

    Source(s): Elk v. Wilkins, 112 U.S. 94 (1884) United States v. Wong Kim Ark, 169 U.S. 649 (1898) Federal Immigration and Nationality Act, Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) 8 U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien jus soli. (n.d.). Dictionary.com Unabridged. Retrieved May 27, 2010, from Dictionary.com website: http://dictionary.reference.com/browse/j… soli jus sanguinis. (n.d.). Dictionary.com Unabridged. Retrieved May 27, 2010, from Dictionary.com website: http://dictionary.reference.com/browse/j… sanguinis
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  • 7 years ago

    Yes.

    Anybody born on US soil is a natural born US citizen, no matter what the immigration status or citizenship of the parents is. Of course, such a child is also a citizen of the parents' country of citizenship. So if a British father and a French mother have a child in the United States, the child will be born with U.K., French, and U.S. citizenship.

    Source(s): An immigrant from Europe, I live in the charming old mission town of San Buenaventura and work as an attorney in Santa Barbara, California.
  • 6 years ago

    No they are not-We were taught Civics in the 70s & 80s in most of the US and the 14th amendment is clear that as an infant you cannot be "subject" in and of yourself as you are a minor and have no say. We were also taught the law that was extended to the Indians. This just another bunch of crap about how our language and comprehension skills have been dumbed down by the educational system. The word AND in an inclusive word in the first sentence of the 14th amendment as in born OR naturalized AND subject to the jurisdiction.... meaning both must be true. We have simply sat back and allowed liberals and idiots to decide the words don't mean what they actually do.

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  • 7 years ago

    So far nine yeses and one no. The no being base on ".....Illegal aliens are not subject to the jurisdiction of the United States, and the Supreme Court has never explicitly stated they are.".....

    So if "illegal aliens are not subject to the jurisdiction of the United States" then why do city and state law agencies hold illegal immigrants accountable for crimes committed within their jurisdictions. How can a court or jury decide the fate of the accused if the person is not subject to the jurisdiction of the United States?

    I think that these beginning words, vague as they may seem encompass all persons.

    "..... 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.".....

    https://en.wikipedia.org/wiki/Fourteenth_Amendment...

    I did try DrPhil's links both pages I was redirected to is an error page, "j… - with no dictionary results."

    But I do give this great Dr. Phil imitator credit for reposting a three years old answer, I assume that like his possibly unapproved avatar and name, his given answer is probably uncredited also.

    "Should American born residences, who have illegal parents in America, be considered as illegals too?"

    http://answers.yahoo.com/question/index?qid=201006...

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  • Anonymous
    7 years ago

    If said newborn is delivered on US Soil. In US Air Space, At a US military

    facility outside the country, At a US consulate. or a US embassy. Or said

    US territory, GUAM, Puerto Rico. Etc. US virgin Islands. Yes they are

    US citizens. The parents however are NOT.

    • Eileen Wright
      Lv 6
      5 years agoReport

      Not if they are subject to the jurisdiction of another government.

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  • 7 years ago

    Yes. "Born in US" means "natural-born US citizen." Just like your ancestors at some generation.

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  • 7 years ago

    Yes. Since you're a conservative, you know this already, and the purpose of your post was simply to raise the level of bigotry and hatred. Nice.

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  • 7 years ago

    In the U.S., they are natural born Americans. Their parents aren't.

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  • 7 years ago

    Generally they are eligible for citizenship, you have to file the papers to make it official.

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  • 7 years ago

    Yep, that's how it works in USA! I don't know about other countries, though.

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