In the mid-1800s, the United States Congress first passed formal legislation ensuring that those born in the U.S., with two minor exceptions, were citizens. Soon thereafter, Congress passed an amendment to the U.S. Constitution declaring that those born or naturalized in the U.S. and subject to its jurisdiction were citizens both of the U.S. and the state of their residence. This rule is generally universal, but there are a few exceptions to it, as well.
Are There Limits to the General Rule of Universal Citizenship?
There are territorial limits on the rule, but because of the broad construction of the rule favoring citizenship, even the status of the child's parents is usually irrelevant. Because the rule itself did not define "United States," questions have historically arisen relating to where the rule applied. Bit by bit, Congress provided the territorial limits of the rule, and it is now clear that it applies to the 50 states, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands, as well as the territorial sea of the U.S., which extends 12 nautical miles from U.S. baselines. Therefore, a child born on a ship or in a plane that is in the U.S. or within 12 nautical miles of its international baselines acquires U.S. citizenship at birth.
In determining the citizenship of a child born within these territorial limits, the status of the child's parents is usually irrelevant. That is, even if the child's parents are in the U.S. illegally, are not eligible for U.S. citizenship, or are in the country only temporarily, the child generally still achieves citizenship at birth.
Are There Exceptions to the General Rule of Universal Citizenship?
There are a few exceptions to the general rule of universal citizenship in the U.S., including children born to foreign and sovereign officials, those born on foreign public vessels, and those born to alien enemies in hostile occupation. All of these exceptions apply because of the requirement that those born, to acquire citizenship, must be subject to U.S. jurisdiction. First, because foreign and sovereign officials are not subject to U.S. jurisdiction, any children they bear while in the U.S. are not U.S. citizens by birth. Included in this category are children born to heads of foreign states accorded diplomatic status and immunity. The second exclusion is of children born on foreign public vessels, even if those vessels are in U.S. ports or territorial limits. The final exception to the acquisition of U.S. citizenship by birth while in the U.S. or its territorial limits is for children born to alien enemies in hostile occupation of the U.S.
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