Why is American citizenship a birth right if born in the USA?
Answer:
It shouldn't be so easy. If the parents are here illegally then the child should not automatically be a US citizen. Only the children of US citizens or people who have permanent residency children should become US citizens.The law needs to be changed.
It´s a misinterpretation of the 14th Amendment. Citizenship should not be automatically given to children of alien parents. At least one of their parents should have to be a US citizen in order for them to be considered US citizens.
Ask our Constitution.
It needs to stop now
you'd have to ask our govt about it. it's all in the Constitution of the united states. read up on it.
It's no misinterpretation. The 14th amemdment clearly states that all persons born on U.S soil are U.S citizens. Now, although it isn't a misinterpretation, it is outdated and no longer serves its original purpose to grant citizenship to freed slaves during the reconstruction era.
its the same in every country if i had a kid in mexico wouldnt he be a mexican citizen.
A child born in the United States has US birth records, so they have US citizenship. It's sort of theoretical, too - a child born on American soil is a child of America. Few of us are natives to the area, so we have to have some way of being considered native to the country.
The United States Constitution, drafted in 1787, did not explain citizenship, but it did mention "citizens of the States" and a "citizen of the United States." Citizens of the United States became entitled to the rights guaranteed to them by the Constitution and its later amendments. Among these rights were the right to vote, own property, seek elective office, and to be protected by the laws of the land.
Because the young United States followed British common law, it accepted the rule of jus soli, or place of birth. As early as 1790, Congress recognized the rule of jus sanguinis, or blood relationship, by passing laws giving citizenship to a child born in a foreign country if the father was a citizen of the United States.
The first official written explanation of American citizenship was included in the 14th Amendment to the Constitution (1868). Section 1 of this amendment declares that "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." The wording of this amendment places national citizenship before state citizenship. In other words, an American is first a citizen of the United States and then a citizen of the state in which he or she lives. Citizens are entitled to the rights granted by both the national government and their own state's government.
The 14th Amendment was passed to guarantee citizenship to blacks who were freed from slavery after the Civil War (13th Amendment, 1865). The amendment made the rule of jus soli (place of birth) a law for all U.S. citizens. This means that any child born in the United States becomes a citizen at birth, even if its parents are aliens. (However, the rule does not apply to children born to foreign diplomats or United Nations officials.)
The 14th Amendment does not include jus sanguinis. American citizenship acquired at birth in a foreign nation is usually determined by the law that is in effect at the time the child is born. The Immigration and Nationality Act of 1952, amended in 1965, 1976, and 1978, gives the requirements.
For a child born on or after December 24, 1952, both parents must have been American citizens. In addition, one parent must have lived in the United States for ten years (and for at least five years after the age of 14) before the birth of the child.
The U.S. Constitution gives Congress the power to make naturalization laws for the United States. No state can give citizenship to aliens.
A person can become a naturalized citizen of the United States individually or as part of a group. Generally any person who has come into the United States as an immigrant may become a naturalized citizen. To do so, a person must be over 18 years old and must have lived in the United States for five years, without leaving for more than a total of 30 months (and not more than twelve consecutive months) throughout that five-year period.
People who wish to become U.S. citizens must file a petition for naturalization and take an examination that shows that they can read, speak, and write simple English and have a fair knowledge of American history, government, and the Constitution. They must be able to prove that they are of good, moral character. Two American citizens whom they know well must verify that the applicant will be a good citizen and loyal to the United States.
Once an applicant has passed the requirements and examination, he or she may become a U.S. citizen by taking an oath of allegiance. Group naturalization ceremonies often take place on September 17--Citizenship Day. Naturalized citizens are entitled to all of the rights granted to natural-born citizens, except they may not become president or vice president of the United States.
Most nations permit individuals to give up their citizenship. This act, known as expatriation, means that a person no longer wants the rights and responsibilities of citizenship in a particular country. Such a person may then become a citizen of another country or may become a stateless person (one without a country). If U.S. citizens wish to give up their citizenship, they must declare this on a form provided by the secretary of state.
A citizen of the United States loses U.S. citizenship by becoming a citizen of a foreign country unless a special exception is made by the State Department. A person can also lose U.S. citizenship for serving in the armed forces of, or holding office in, a foreign government. U.S. citizenship can also be taken away from people who have been convicted of a major federal crime, such as treason. But people cannot lose their citizenship for something they were forced to do. A person who is forced to serve in a foreign army, for example, will not lose U.S. citizenship.
Interestingly, Robert E. Lee, one of the greatest generals of all time, lost his U.S. citizenship when he took command of the Confederate forces during the American Civil War. Due to a mistake, his citizenship was not restored to him until Congress acted on the matter in July 1975.
The idea of citizenship came into being many centuries ago. In the ancient city-state of Athens, citizenship was granted to males of certain classes. Citizenship was also granted to a few foreigners and freed slaves. Citizenship meant that a man could vote, hold office, serve on committees and juries, and give military service. He was also expected to share the work of government. Women, slaves, and practically all foreigners were protected under the law but had few of the rights and privileges of Athenian citizens.
Citizenship was also important to the people of ancient Rome, who often took part in their government. Roman citizenship was extended to foreign soldiers serving in the army and to men of conquered lands. By AD 212 almost all of the men in Roman provinces, except slaves, were citizens.
After the fall of the Roman Empire, in the 400's, the idea of citizenship became less important for many centuries. In the feudal system that spread through western Europe in the Middle Ages, noblemen bestowed rights and privileges to the people in their regions.
By the 1600's some kings had made many small states into nations. The common people no longer owed allegiance, or loyalty, to their nobles but to their king. They began to take pride in their whole country. They also began to feel that they should have a voice in their country's government. As these changes took place, people started thinking of themselves as citizens of a nation as well as the loyal subjects of their king.
Today, most people place a high value on their citizenship. They know that when they pledge allegiance to their flag, they are willing to fulfill specific obligations to their country and will be granted many rights and privileges in return.
Because you are born here, so most likely will live the rest of your life here, imagine if all the people born here had to apply for residency, that would be tons of paperwork, lots of money for employees and then your kids wouldnt have the same rights until they were approved. BAD IDEA!
If a person is born in any country in the world, that person automatically is a citizen of that country. Citizens of other countries, who wants to live in the US or the UK, or India, are immigrants- they cannot automatically claim the privileges of people born in those countries. I am of pure Indian descent, I' am a British citizen, I have NOW lived in India for 10 yrs, but I'm still a foreigner! That's natural. Anyone who wants to become a citizen of a country that they were not born, need to go through an arduous qualification process before they can become a citizen of that country. Otherwise there will be a situation where everyone from poor countries will just up and go to the US, Canada, The European Union, Australia, Japan- or anywhere!
The reason is because that's what the constitution says, and because that particular interpretation of the constitution has been upheld by the Supreme Court. That's the way it works here.
Born to illegal criminals, citizenship should not be given to their children born here.
Well none of us would be citizens then. Many of ancestors were illegal.
When our fore Fathers wrote the Constitution they could have never seen the things that happen today, as well as they tried. But they did allow for correction or additions to the Constitution to make it what it needs to be for the times.
"We the People", first wods on your Constitution, need to make Congress pass an amendment to change how, and why you become a citizen. It should state that only U.S. Citizens be birth right, and only legal people in the U.S. may request this right. It also should state that if the person broke any laws in the U.S. or before coming to the U.S. then they may not request citizenship for themsleves or any that they may caused to be born in the U.S..
This would stop all illegals using our laws against us and gaining incomes, the right to stay, and using our tax dollar to do so.
The immigration information post by website user , MyTend.com not guarantee correctness