The current proposals to end birthright citizenship are in the headlines based on the argument that illegal citizens are coming into United States borders in order to give birth, and have their children become automatic U.S. citizens. Putting an end to birthright citizenship would require amending the Constitution, which is no easy task – especially for such a hot button immigration issue.
But what exactly is birthright citizenship and how does it operate differently than other modes of gaining citizenship in the U.S.? Put simply, birthright citizenship is the process of gaining citizenship by virtue of being born on U.S. soil. It does not require that the parents of the child be citizens of the country, and the only paperwork involved is the birth certificate. This privilege also extends to those children born in certain U.S. territories. The one exception to this form of citizenship is for children born to foreign diplomats while visiting the U.S.
Citizenship on a jus soli basis is relatively rare in other countries, an argument that many opponents of the source of citizenship argue as justification for tightening the immigration reigns in our own borders. As a U.S. citizen, an individual enjoys many rights that are not available to non-citizens (in many cases, the children have more rights than their alien parents), this includes: voting, holding public office, and traveling.
Related Resources:
- How to Become a U.S. Citizen by Marriage (FindLaw’s Law and Daily Life)
- Birthright Citizenship – Can States Decide? (FindLaw’s Law and Daily Life)
- Birthright Citizenship in AZ and the 14th Amendment (FindLaw’s Law and Daily Life)
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