Citizenship Based on Place of Birth

[johnkarls]

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One of the considerations often raised in determining policy toward illegal aliens already present in the U.S., is what to do about illegal aliens who have given birth in the U.S. to children who are, therefore, U.S. citizens.

So far as I know, the U.S. is the only country in the world that bestows citizenship based on place of birth!!!

Though I would appreciate help, in this regard, from anyone who might know of any other examples.

Incidentally, U.S. citizenship based on birth in the U.S. is provided by the Fourteenth Amendment to the Constitution (one of the Civil War Amendments), Section 1 of which provides:

“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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (Emphasis Added)

Obviously, the purpose of this provision was to make African-American slaves citizens of the United States, which they had not theretofore been. (Indeed, Abraham Lincoln’s famous Emancipation Proclamation only had the legal effect of freeing the slaves, but did not make them citizens.)

Accordingly, to join the rest of the world's nations in NOT granting citizenship (going forward) based merely on place of birth would require a constitutional amendment.

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An interesting footnote is that when I was an international tax partner with Ernst & Young in NYC (1988-1997), many of my European EY partners would arrange to have their spouses give birth to their children in the U.S. – FOR THE SOLE PURPOSE OF PROVIDING THEIR CHILDREN WITH U.S. CITIZENSHIP AS WELL AS CITIZENSHIP OF THE COUNTRY OF THE PARENTS!!! (In the case of some countries, such dual citizenship can be maintained permanently and, in others, the child is forced to choose at a certain age, e.g., 21).

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An interesting question regarding children born in the U.S. to illegal-immigrant parents is whether the country of which the parents are citizens would recognize their U.S.-born children as their citizens.

My sense is that most of them would (certainly European countries would – please see above the discussion of my EY partners) but, again, I would appreciate help from anyone who might know of any exceptions.