Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents

Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents
Author: Margaret Mikyung Lee
Publisher: DIANE Publishing
Total Pages: 21
Release: 2011
Genre: Social Science
ISBN: 1437939198

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This is a print on demand edition of a hard to find publication. Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Citizenship Clause of the 14th Amendment of the U.S. Constitution and in the Immigration and Nationality Act (INA), that a person who is born in the U.S., is a citizen of the U.S. regardless of the race, ethnicity, or alienage of the parents. Some congressional Members have supported a revision of the Citizenship Clause or at least holding hearings for a serious consideration of it. Contents of this report: (1) Intro.; (2) Historical Development: Jus Soli Doctrine Before the 14th Amend.; The 14th Amend. and the Civil Rights Act of 1866; U.S. v. Wong Kim Ark and Elk v. Wilkins; (3) Legislative Proposals.

Crs Report for Congress

Crs Report for Congress
Author: Congressional Research Service: The Libr
Publisher: BiblioGov
Total Pages: 24
Release: 2013-11
Genre:
ISBN: 9781293249949

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Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Citizenship Clause of the Fourteenth Amendment of the U.S. Constitution and 301(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants. More recently, some congressional Members have supported a revision of the Citizenship Clause or at least holding hearings for a serious consideration of it. An Arizona state legislator has voiced support for state legislation that would deny birth certificates to persons born to undocumented aliens. This report traces the history of ...

Crs Report for Congress

Crs Report for Congress
Author: Congressional Research Service: The Libr
Publisher: BiblioGov
Total Pages: 24
Release: 2013-10
Genre:
ISBN: 9781293026373

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Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Citizenship Clause of the Fourteenth Amendment of the U.S. Constitution and 301(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants. More recently, some congressional Members have supported a revision of the Citizenship Clause or at least holding hearings for a serious consideration of it. An Arizona state legislator has voiced support for state legislation that would deny birth certificates to persons born to undocumented aliens. This report traces the history of ...

U.S. Citizenship of Persons Born in the United States to Alien Parents

U.S. Citizenship of Persons Born in the United States to Alien Parents
Author:
Publisher:
Total Pages: 0
Release: 2005
Genre:
ISBN:

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Over the last decade or so, concern about the level of immigration, focused particularly on illegal immigration, has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Fourteenth Amendment of the U.S. Constitution and Section 301(a) of the Immigration and Nationality Act [INA] (8 U.S.C. Section 1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants. This report traces the history of this principle under U.S. law and discusses some of the legislation in recent Congresses intended to alter it. The traditional English common-law followed the doctrine of jus soli, under which persons born within the dominions of and with allegiance to the English sovereign were subjects of the sovereign regardless of the alienage status of their parents. The exceptions to this rule are persons born to diplomats, who are born subjects of the sovereign whom the parents represent abroad, and persons born to citizens of a hostile occupying force, who are born subjects of the invading sovereign. Although the states and courts in the United States apparently adopted the jus soli doctrine, there still was confusion about whether persons born in the United States to alien parents were U.S. citizens. This arose because citizenship by birth in the United States was not defined in the Constitution nor in the federal statutes. Legal scholars and law makers were torn between a "consensualist" doctrine of citizenship, by which a person and a government consent to be mutually obligated, and an "ascriptive" doctrine by which a person is ascribed citizenship by virtue of circumstances beyond his control, such as birth within a particular territory or birth to parents with a particular citizenship. Additionally, African-Americans were not considered citizens of the United States, even if they were free. Native Americans also were not considered U.S. citizens because they were members of dependent sovereign Indian nations. The Civil Rights Act of 1866 and the Fourteenth Amendment, ratified in 1868, extended birthright citizenship to African-Americans, but the United States Supreme Court made clear that although U.S.-born children of aliens were U.S. citizens regardless of the alienage and national origin of their parents, Native Americans still were not U.S. citizens under the terms of those laws. Native Americans were made U.S. citizens by statute. In recent Congresses there have been several legislative proposals to amend the Constitution and the Immigration and Nationality Act to limit automatic citizenship upon birth in the United States so that persons born in the United States to parents who are unlawfully present in the United States or are non-immigrant aliens would not become U.S. citizens, e.g., H.J.Res. 41, H.J.Res. 46, and H.R. 698 in the 109th Congress. This report will be updated as necessary.

Citizenship Without Consent

Citizenship Without Consent
Author: Peter H. Schuck
Publisher:
Total Pages: 173
Release: 1985
Genre: Citizenship
ISBN: 9780300035209

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Crs Report for Congress

Crs Report for Congress
Author: Congressional Research Service: The Libr
Publisher: BiblioGov
Total Pages: 24
Release: 2013-11
Genre:
ISBN: 9781294249481

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Over the last decade or so, concern about the level of immigration, focused particularly on illegal immigration, has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Fourteenth Amendment of the U.S. Constitution and ?301(a) of the Immigration and Nationality Act [INA] (8 U.S.C. ?1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants. This report traces the history of this principle under U.S. law and discusses some of the legislation in recent Congresses intended to alter it. The traditional English common-law followed the doctrine of jus soli, under which persons born within the dominions of and with allegiance to the English ...

Societal and Legal Issues Surrounding Children Born in the United States to Illegal Alien Parents

Societal and Legal Issues Surrounding Children Born in the United States to Illegal Alien Parents
Author: U. S. Committee on the Judiciary
Publisher: Forgotten Books
Total Pages: 168
Release: 2016-11-30
Genre: Political Science
ISBN: 9781334464522

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Excerpt from Societal and Legal Issues Surrounding Children Born in the United States to Illegal Alien Parents: Joint Hearing Before the Subcommittee on Immigration and Claims and the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, First Session The subcommittees met, pursuant to notice, at a.m., the room 2325, Rayburn House Office Building, Hon. Lamar Smith (chairman of the subcommittee on Immigration and Claims) and Hon. Charles T. Canady (chairman of the subcommittee on the Constitution) presiding. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.