That’s part of where the problem lies - I don’t know what other countries without birthright citizenship do , but here, at least at first, it’s going to require that everyone claiming their US born child is a citizen will have to go through a similar process as citizen children born abroad - at least one parent will have to prove their citizenship and the baby will be issued either a passport or some other documentation. At birth - how many more state department employees will that require? Can’t have the states issue something because the EO prohibits recognizing documents issued by states.
Pam Bondi couldn’t answer questions - since it was supposed to go into effect months ago, one would think they had a plan for enforcement. If they actually expected to ever be able to enforce it.
Yes, but lots of people who weren’t born in the US are citizens , either because they were naturalized or because they were born to a citizen abroad . My cousin was born in Iceland - she’s a citizen because her father is one. But her kid’s birth records will say she was born in Iceland.
When they apply. That’s why you have to send in your birth certificate to the Department of State.
County of Los Angeles does.
One issue is that as per the Dred Scott decision, a state cannot confer United States citizenship, merely state citizenship (now residency). I do not believe the 14th Amendment changes that.
If you are a U.S. citizen and your child was born overseas, you should report their birth to the nearest U.S. Embassy or Consulate as soon as possible so that a Consular Report of Birth Abroad (CRBA) can be issued as an official record of the child’s claim to U.S. citizenship or nationality.
A CRBA documents that your child was a U.S. citizen at birth. The CRBA neither serves as proof of the identity of the child’s legal parents. The name or names listed on the CRBA include the parents who have a genetic or gestational connection to the child. The parent(s) passing the U.S. citizenship to their child must have their names(s) on the CRBA. A parent passing U.S. citizenship may approve the other parent, who is not passing citizenship, to have their name on the CBRA.
Note: An CBRA applications must be filed before the child’s 18th birthday. Parents are advised to apply for the CRBA as soon as possible after the child’s birth. CBP Customer Service.
I’m really not trying to be difficult but the birth certificate will show a birth in the United States without, presumably, indicating anything about birthright citizenship. So even a child born of undocumented parents would receive a birth certificate and on that basis could receive a passport. (Heck, even a child born to a woman here on a tourist visa would have a birth certificate that may say nothing of the citizenship of their parents.
It depends where you are: 3000+ counties, 3000+ rules. Mind does, and there’s only one form, not short / long or birth certificate vs certificate of birth.
So would an end to birthright citizenship require the cities/counties/states that issue birth certificates to change their processes to collect citizenship or visa status of the parents? Are they willing to acquire that burden?
8 USC 1401 tells us who are citizens at birth
(a) a person born in the United States, and subject to the jurisdiction thereof;
So a birth certificate showing birth in the United States is prima facie evidence that one is a natural born citizen.
Arguably no. The BC simply records the circumstances of the birth. It would be a different process to establish NBCship and I presume a birth certificate would be part of the documentation. The other part would be showing that at birth you were “subject to the jurisdiction thereof” and ain’t nobody, including MAGAs, have any clue what that would be.
Yes because they are under current law a citizen so why couldn’t they get a passport?
Well birthright citizenship will still be around provided you are subject to the jurisdiction thereof. So the first thing we need to know is under Trump is who is not subject to the jurisdiction in his definition thereof like children born to diplomats are currently. Would we exclude children of illegal immigrants? Children of non-citizens with lawful residence? Children of tourists?
I have my passport which is the golden ticket for proving citizenship.
I mean we know who Trump and the Republicans mean. It’s not a mystery. Because the Republicans will be enforcing it and deporting based on it, what they mean is the only thing that matters.
I am wondering about the not subject to the jurisdiction argument. Would those people therefore have diplomatic immunity? Can they freely violate criminal laws?