If a child is born to an American citizen while she is visiting a foreign country, is the child a citizen of that country? I suppose it depends on the country.
I already know the answer to the reverse of this...
'Anchors' in third of alien families
The large number of U.S. citizen children born to parents with no legal status highlights one of the thorniest dilemmas in developing policies to deal with the unauthorized population.
Actually, the only thorny dilema should be the parent's--when it's forced to decide whether to take the child(ren) or leave 'em behind with a legal relative when they're deported.
I'm sure everyone would agree they are not the only ones faced with tough family decisions. Who can tell me why should they receive protection from the law so they don't have to make theirs?
Yet another dilema that could be avoided if our immigration laws were enforced in the first place and if we didn't have Anti-American laws, such as those for anchor babies, on the books encouraging illegal behavior.
Related to this...
Law Splits Family; Mother Pleads For Help - Hey, I got an idea! Move to Peru so you can be with your husband in his native land and he's able to look after you and your children's welfare and you won't need our help. These are the choices YOU made, with full knowledge of our immigration laws - not us.
"Anchor baby" situations come up under English common law tradition because in addition to "right of blood" doctrine, we practice "right of soil" doctrine, that is, you are a citizen of the place you are born. Even a baby born on an airplane flying over United States maritime territory (12 miles from the coast) to two foreign parents has a claim to citizenship.
Some, like the Swiss, only observe right of blood.
Hoooowwwever.... Many countries are starting to restrict right of soil by requiring one parent be a legal permanant resident or citizen. I think Canada has even been known to just deport the citizen-kid anyway in order to deport the parent.
So, there's lots of good precedent to fix this, it's just a matter of getting them to do it. It seems logical to require that at least one parent be a legal resident. Problem solved.
Posted by: Aaron | June 18, 2005 at 10:35 AM
Also, while many countries grant citizenship to kids born to legal immigrants, of what ever status,
I believe we are one of only two countries in the world that grant citizenship to the child of illegal immigrants.
With the war on terror going on we have to change both laws.
Posted by: NYgirl | June 20, 2005 at 11:53 AM
I'm in agreement with NYgirl. It makes no sense to grant citizenship to children of people who disrespect and disregard the laws of our country. Why should the children of illegal aliens be granted the rights and privileges of U.S. citizenship when that citizenship is based on the fact that their parent(s) committed criminal acts?
Thanks to Aaron for pointing out the history behind the right of soil doctrine. That one is new to me. How cool to be an old dog learning new tricks!
Posted by: Kasey | June 20, 2005 at 09:41 PM