Abstract

GONZALEZ MARTIN, Nuria. Birthright Citizenship: Insights about Families, Minors and Birthright Nationality in the United States of America. Anu. Mex. Der. Inter [online]. 2021, vol.21, pp.625-664.  Epub Jan 21, 2022. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2021.21.15605.

This paper deals with birthright citizenship in the United States of America and explains how this nation is one of the 34 countries that grant nationality by Ius Soli, that is, by the fact of being born in national territory, as derived from the fourteenth American constitutional amendment, and in this case, an unrestricted acquisition of nationality, although it should be noted that the current trend is towards the imposition of conditions to acquire nationality through Ius Soli. An example of this trend, reflected in legislative initiatives, can be found in the most recent US policy, through the 2019 Birthright Citizenship Act (HR140). This birthright citizenship law initiative would deny the citizenship to children born in the United States unless the child’s parent is a citizen of the United States or is a lawful permanent resident or legal resident serving in the United States. This law would violate the text of the aforementioned fourteenth constitutional amendment, as well as secondary laws. By the same token, ass part of the casuistry presented, there is the phenomenon of anchor babies and the case of separated families at the United States-Mexico border which are analyzed under the so-called “zero tolerance” doctrine by which all undocumented immigrants are considered as criminals and prosecuted as such, even if there is no criminal record, and for this “reason” children cannot remain with their parents and are separated. The end result for the parents is usually deportation. The reality is that this practice of separating minors from their relatives never responded to any law and hence the executive order of June 20, 2018 that paralyzed such measure.

Keywords : birthright citizenship; ius soli; ius sanguinis; zero tolerance; unaccompanied minors; separated families; Mexico; United State of America.

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