As you probably know, when a child is born on U.S. soil, that child is a U.S. citizen regardless of his or her mother and father’s citizenship or immigration status. But why is that the case? It is because the United States recognizes something called “birthright citizenship.” Birthright citizenship is also sometimes referred to as “jus soli.” The United States has recognized birthright citizenship since the very beginning of its existence as a country. We also recognize “bloodright citizenship” or “jus sanguinis,” which is the practice of granting citizenship to the children of U.S. citizens even if they are born abroad.
Some people are critical of the United States’ recognition of birthright citizenship because it makes it possible for undocumented immigrants to have children here who will be considered citizens. Since citizens are able to petition for green cards for their immediate family members, including parents, some people argue that it can be used as a way to “get around” the system, which they say is not the way the law was intended to be used. Others argue against these people, saying that since birthright citizenship is part of our constitution, it is a non-negotiable right.
But what do courts say? Birthright citizenship has not been challenged in several decades, but when it was, courts typically sided in favor of birthright citizenship.
It is important for immigrants, with legal status or otherwise, who have had children since arriving in the United States to understand that your child is a U.S. citizen. If this is ever questioned, you can cite the 14th amendment or direct them to your immigration attorney. At Villegas Law Offices, we are happy to fight to ensure that your child is able to enjoy the many benefits of his or her birthright U.S. citizenship.
If you have questions about birthright citizenship or any other immigration law matter, the Villegas Law Offices team is eager to offer guidance. We care about protecting your rights and helping you navigate the complexities of the immigration system. If you want to learn more about our services, please contact us today.