BCL
Engineer
The legal term is jus soli ("right of the soil" or sometimes "law of the soil"). Additionally, the US practices a form of jus sanguins. It gets complicated because Congress has passed various laws for statutory jus sanguins citizenship over the years using a complex determination depending on the citizenship status of the father, the mother, marriage status, age of the mother at time of birth, etc. Even if jus sanguins citizenship isn't passed on to a child at birth, it's almost trivial for a US citizen parent to bring a child into the US and immediately apply for naturalization.I find the requirement about a parent quite odd - but certainly not the only oddity in this quagmire.
I learned in the above mentioned course that the USA uses jus loci to determine citizenship. This means that place of birth determines citizenship. If you are born within the boundaries of the US you are a US citizen; case closed. Jus sanguinis is the system that uses parentage to determine citizenship; this prevails throughout Europe.
We also learned that Congress has sole plenary power in this realm, significantly not subject to judicial review. It seems odd that the State Dept could make this requirement as this is in the executive branch. However, the whole issue is immensely complicated.
7 FAM 1100 ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY
There are other documents that can be used to document jus sanguins US citizenship. The current document is issued by the State Dept and is called the "Consular Report of Birth Abroad".7 FAM 1111 INTRODUCTION
(CT:CON-407; 06-29-2012)
a. U.S. citizenship may be acquired either at birth or through naturalization subsequent to birth. U.S. laws governing the acquisition of citizenship at birth embody two legal principles:
(1) Jus soli (the law of the soil) - a rule of common law under which the place of a person’s birth determines citizenship. In addition to common law, this principle is embodied in the 14th Amendment to the U.S. Constitution and the various U.S. citizenship and nationality statutes.
(2) Jus sanguinis (the law of the bloodline) - a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As U.S. laws have changed, the requirements for conferring and retaining derivative citizenship have also changed.
And don't even get started with non-citizen US nationality.
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