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Did you know that anytime a baby is born in the United States, he or she is automatically a U.S. citizen, regardless of his or her parents’ immigration status? It’s true! This concept is referred to as “birthright citizenship” and in today’s blog post, we’re taking a closer look at the hows and whys of it.

What is the difference between birthright citizenship and bloodright citizenship?

Birthright citizenship, also known as “jus soli,” and bloodright citizenship, also known as “jus sanguinis,” are both ways in which a child can be born into citizenship. In the first case, it happens because of where they are born, as described above. In the second case, it happens because of who the child’s parents are. In other words, if a child is born in a foreign country to U.S. citizen parents, that child can be a citizen of the United States because of bloodright citizenship.

If I am not a U.S. citizen, but I have a child who was born here or I am going to have a child here, do I need to do anything to make sure my child’s U.S. citizenship is recognized?

No. This does not require any action on your part or the child’s. If anyone in an official capacity ever tries to dispute this, you can cite the 14th Amendment or direct them to your immigration attorney, because they are absolutely mistaken. Your child has the right to enjoy all of the benefits of his or her U.S. citizenship.

Why is birthright citizenship controversial? 

Many people believe that birthright citizenship makes it too easy for undocumented immigrants to secure their places in this country. This is because they are aware that U.S. citizens can petition for citizenship for their immediate family members, such as parents. These people often argue that this is not how birthright citizenship, which is a part of our constitution, was intended to be used. But when this issue was taken up in court (and it has been debated by the courts on several occasions) the 14th Amendment has repeatedly been upheld. 

Who can help me if I am dealing with an immigration matter?

For issues related to birthright citizenship and beyond, the Heitz Immigration Law team is here for you. We will always give you honest and accurate immigration advice, and we want to open the door to opportunity for you. Contact us today. We can’t wait to hear from you!

Nadine Heitz

Nadine Heitz is an immigration attorney in Lake Worth, Florida where she helps her clients obtain legal status in the United States. Book your consultation with her to find out how to solve your immigration issues and achieve your desired goals.