What is Birthright Citizenship in America?

By Ella Bergquist September 12, 2018 3 min. read

Birthright citizenship is a term that comes into the media light every year. The term has been on the headlines a lot recently due to the current White House situation. President Donald Trump proposed in his immigration plan to stop automatically giving citizenship to most people born in the US. Although many people agreed with this idea and didn’t even know this was currently happening it has been part of American history since the 1800s.

Birthright Citizenship is in the Constitution

Birthright citizenship was an issue brought to the Supreme Court in 1857 when blacks who were born in the US were declared not citizens. This caused the idea of birthright citizenship to be reviewed and finally by 1868 the 14th Amendment to the U.S. Consitituion reads “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.”

How Many People Get Birthright Citizenship

The Pew Hispanic Center determined that according to an analysis of Census Bureau data about 8 percent of children born in the United States in 2008—about 340,000—were offspring of illegal immigrants. In total, about four million American-born children of illegal immigrant parents resided in this country in 2009, along with about 1.1 million foreign-born children of illegal immigrant parents. The Center for Immigration Studies—a think tank which favors stricter controls on immigration—claims that between 300,000 and 400,000 children are born each year to illegal immigrants in the U.S.

US Birthright Citizenship

Questions About US Birthright Citizenship

 Is a person born in the US automatically a citizen?

Any child born in the United States is automatically a U.S. citizen, even if his or her parents are in the country temporarily or illegally. That long-standing guarantee has given rise to one of the many debates over immigration and citizenship that have confounded Congress in recent years.

What countries have birthright citizenship?

United States, Antigua and Barbuda, Canada

What happens if someone is born in a US territory?

Citizenship at birth on the U.S. territories and former U.S. territories. The 14th amendment applies to incorporated territories, so people born in incorporated territories of the U.S.(currently, only the Palmyra Atoll) are automatically U.S. citizens at birth.

Can you become a US citizen if your child is born in the US?

No, parents do not get citizenship when their child is born in the US. The parent cannot obtain immigration benefits through the child until the child turns 21 years old. At that point, the child can apply to sponsor the parent for a green card. This rule does not help parents who entered the country illegally.

Can my US citizen child sponsor their sibling?

If you are a U.S. citizen, and at least 21 years old, you can petition for your siblings (brothersor sisters) to live in the United States as green card holders (lawful permanent residents). Siblings include children from at least one common parent. You do not necessarily need to be related to your sibling by blood.

Can a child get US citizenship if they weren’t born in the US?

The current law, children under 18 automatically acquire U.S. citizenship if three requirements are met. The child must have U.S. lawful permanent resident status (“green card” holder). At least one parent must be a U.S. citizen by birth or naturalization.

Do You Have More Questions about Birthright Citizenship?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

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