Quick question: If a woman on a temporary work visa gives birth in the US

[Hello_Kitty]

The baby is a US citizen, correct? That's my understanding but an elected official in my state claims that children born to parents on work visas are not automatically granted citizenship.

[FLAprogressive]

1. Yes. Unequivocally so.

[Hello_Kitty]

3. That's what I thought. Thanks. eom

[notadmblnd]

2. it is my understanding that any child born in this country is a citizen

I've never heard of any exceptions.

[LisaL]

4. I believe some politicians have tried to propose laws to change

that. But as of now as far as I can tell anyone born in the US is automatically an US citizen regardless of the parents citizenship.

[skepticscott]

8. A law cannot change that

only a Constitutional amendment.

[LisaL]

11. You might want to take that up with politicans proposing these bills.

"The bill would require that a child born here also have at least one parent who is a U.S. citizen or national; a legal resident; or "an alien performing active service in the armed forces" in order to be considered a citizen. U.S. Rep. Steve King, R-Iowa, filed the bill this week. Another co-sponsor is Rep. Gary Miller, R-Calif."
http://www.ajc.com/news/georgia-politics-elections/gingrey-woodall-seek-to-798114.html

[shraby]

15. They know they can't change the constitution like that, it's just

red meat for their base. It takes 2/3 of both houses and 3/4 of the states to change an amendment in any way.

[Posteritatis]

26. Such a bill would mean nothing, as it's intrinsically unconstitutional. (nt)

[skepticscott]

28. It's all for show

just political theater for their rubes who don't know any better. The law would be voided the first time anyone tried to enforce it.

[hlthe2b]

5. Yes... but the Mom is not ; her status does not change as a result

of giving birth. There have been ICE raids...where the kids would have been made to either stay in this country without their illegal-status Mother-- he who was to be deported (or elect to go with her back to Mexico or wherever her country of origin).


There seems to be some misunderstanding that having a child in this country not only provides citizen status to that child, but somehow changes the status of the parents. That is not the case.

[Hello_Kitty]

16. I know that but a State Senator here says the child does not automatically get citizenship. eom

[lumberjack_jeff]

23. He should have tuned in while they were reading the constitution last week. n/t

[skepticscott]

6. Don't listen to

"elected officials". I'm sure they WISH that were the case, but it isn't. The law has always been that anyone born in this country is automatically a citizen. If that weren't true, conservatives wouldn't be squawking about "anchor babies" born to people who aren't here legally at all.

[kestrel91316]

7. Anyone born on US soil under any and all circumstances is automatically

a US citizen.

I don't necessarily agree with that, but it's the law.

[LooseWilly]

9. fourteenth amendment looks like it can be argued...

Amendment XIV, Section 1, Clause 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." (from Wiki)

what does "subject to the jurisdiction" mean?...

[Commie Pinko Dirtbag]

12. The only people that can be in the US and not subject to its jurisdiction are diplomats.

Hence, children of diplomats born in the US are automatically considered citizens of their parents' country.

Person on a work visa? Not the case.

[LooseWilly]

19. I would tend to agree, but I could argue the other way...

For instance: " ... are citizens of the United States and of the State wherein they reside." — is that reside as in dwell/ are physically present? or reside as in "resident"? If "resident" trumps the state portion of citizenship, does it trump the federal?

There are also other considerations of "jurisdiction" which aren't so much a matter of being subject to the authority of a court system as having "standing" in order to file grievances and such...

There must be physical distribution of courts and tribunals throughout the territory which should be divided into convenient functional divisions to provide an effective service to the local communities. Hence, it may be convenient for there to be an extensive network of smaller local courts having a criminal law jurisdiction so that neighborhoods can have a disposition system administered by those familiar with their locality and its needs (see criminal jurisdiction). Whereas more specialized civil and commercial courts need only be located in larger towns and major cities where there is a demand for the particular specialisms consistent with the economic costs of providing the facilities and personnel to staff them. Each court system lays down detailed rules for determining who may invoke the jurisdiction in each of the various divisions. In addition to the possibility that the plaintiff has a local domicile, nationality or habitual residence, these conditions may vary from minimum residence requirements for those more transiently present, that business has been conducted within the territory or that there is some other real connection between the plaintiff and/or the cause of action and the state in which the lawsuit has been filed. (bold added— from jurisdiction wiki)

May someone on a temporary work visa "invoke the jurisdiction"?... What about the use of deportation in lieu of other, more customary, punishments for "crimes"? Is that an argument that a person is not "subject to the jurisdiction"?

[Hello_Kitty]

13. It means subject to criminal and civil U.S. laws

People with diplomatic immunity cannot be prosecuted or sued. Do we really want to put all undocumented immigrants and their children in that category?

[shraby]

17. Diplomats are not subject to our laws. They don't even have

to pay traffic tickets.

[somone]

20. Yes, diplomats are literally untouchable

under international law.

[matt819]

21. You might want to check on this

First of all, not all foreigners who work for foreign missions are diplomats, so their children would be US citizens.

You might want to check with ICE or the State Dept. on the status of children born to diplomats on the diplomatic list. I think their children might also be US citizens, or were at one time.

[somone]

10. Yep, everyone except diplomatic people

[PoliticAverse]

14. Yes. See the following Wikipedia articles for an explanation:

http://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark
http://en.wikipedia.org/wiki/Birthright_citizenship_in_the_United_States_of_America

[JohnnyRingo]

18. For wingnuts who bring up the subject to me....

I tell them my brother was dating an Hispanic a couple years ago. I don't know if she was "legal" or not, it never occured to me. I ask the RWNJ "what if she bore his child?" "Would that be my brother's baby, or should he be deported "back" to Mexico?"

They usually admit it's an American baby, but it throws a wrench in their logic.

[Mariana]

25. I'm surprised they don't just say

that the baby would be American citizen because it would have an American dad. They would, of course, want to deport the mother if she were illegal, and have the baby either go with her or live with its father here. As far as I know, even the nuttiest anti-immigration loons haven't suggested that a child with one American parent should be denied citizenship.

[lumberjack_jeff]

22. It is completely unambiguous.

Anyone born here, regardless of how or why is a citizen.

They can deport the parents for violating their visa, I suppose - theoretically - but the kid is as american as you or I.

[Nye Bevan]

30. Not quite... children born to foreign diplomats are an exception (see upthread) nt

[Posteritatis]

24. Said elected official needs to read the Constitution he presumably swore to uphold. (nt)

[Mariana]

27. The child is a citizen.

My husband had a Japanese man working for him on a temporary work visa. The man's wife was here with him on a different type of visa - she wasn't allowed to work. They had a child while the family was in the US. The child is a US citizen and has passports from both countries.

[dflprincess]

29. A child born here is a citizen even if its mother is here on a tourist or student visa

or has no visa at all.