Introduction

The debate over the automatic citizenship of a child born in the United States to an illegal immigrant has garnered significant attention. This article aims to clarify the current legal framework and dispel common misconceptions.

US Citizenship for a Child Born Here

The United States follows the principle of jus soli, which means that a child born on American soil inherently becomes a citizen regardless of the parent's citizenship status. Historically, this has been a contentious issue, but it remains a cornerstone of the American legal system. This principle is firmly rooted in the 14th Amendment to the United States Constitution, which states:

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.

This means that if a parent, regardless of their immigration status, gives birth to a child in the United States, that child is indeed a citizen. The child's citizenship does not automatically grant citizenship to the parent, however.

Parent's Immigration Status

The status of the parent(s) does not change due to the child's birth in the United States. An illegal immigrant parent will usually be deported, especially if they are caught crossing the border or after a child is born. This has led to scenarios where the child, born with American citizenship, may be left in the care of a relative or foster care in the home country. Sometimes, these children are referred to as "Trump orphans," due to the legality being a result of administrative change during the Trump administration.

Changing the Law

There have been ongoing discussions and debates about changing the current jus soli principle to jus sanguinis, which grants citizenship based on parentage. Advocates for such a change argue that it would simplify the path to citizenship and avoid the complexities associated with birth-based citizenship. However, critics, like many Republicans, are concerned about the potential consequences. For instance, allowing dual or even multiple citizenship could lead to complications for both the individual and the country.

The Complexity of Deportation

While the child may gain citizenship, the parent may not. Deportation is a real possibility for those who enter or remain in the United States illegally. The information provided by the parent about their child's birth is often required to process the child's citizenship claims, which may place the parent at risk of deportation due to their illegal status. Some have suggested that parents might lose custody of their child to avoid deportation, leading to difficult and emotionally taxing situations for all involved.

Conclusion

In summary, while a child born in the United States to an illegal immigrant parent automatically becomes a U.S. citizen, the parent will not gain the same status. This has led to numerous legal and ethical debates about the appropriate balance between immigration policy and the protection of basic constitutional rights.

It is crucial to understand that the U.S. is known as a land of laws, not a land of men. Individual actions and decisions are subject to the law, and changing these principles would have far-reaching implications. The principles of jus soli and jus sanguinis are not arbitrary, but are part of the foundation of U.S. citizenship laws.