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Should America grant citizenship to the babies of maternity tourists?

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Maybe, but when the laws were written there were no passenger airlines. People that come to America were on boats, and maternity tourism was an unheard of concept. It's not so much of an abuse, but a law that needs to be updated to reflect 2015.

But that goes against originalism, for some reason I think people will get behind ignoring that fact for this amendment but not the 2nd.
 
The issue doesn't really seem to be coming to the U.S. to have a baby, its the companies coaching them to lie when applying for a visa and tax evasion on part of the owners of these businesses.

Becoming a citizen by being born in the United states is in the 14th amendment.
With how split and fragmented our government is I don't see that changing anytime soon.
Yeah reading that, it's really the company exploiting the law and coaching visitors to lie. Plus the tax thing too. They should get slapped hard for that. Keep going after the companies that are doing that. No problem here.

Not sure if messing around with the constitution is a good idea here.

The visitor, missing the coaching, would just be naturally denied a visa when they revel their true intentions of coming to the U.S.
 
It's not worth fucking around with the 14th amendment.

If the U.S. wants to somehow tighten visa requirements in order to cut down this sort of thing, whatever, but any baby born on U.S. soil should be a U.S. citizen. No exceptions.

I figure basically this. You ain't going against that constitution.
 
The abuse of the system by the parents and even worse, people who profit off this type of thing by having makeshift hotels in homes is what should be stopped. Illegal businesses and clear abuse of the system is what needs to be stopped. While it is not the kids fault once again... its being done for them so its hard to just instantly say "take it away from the kids"
 
Where I live People Are always saying "come here legally and have the baby, don't sneak across the border and do it illegally". This argument frequently comes up during immigration reform questions.

I'm of a mind that if she is doing this, paying for it, it's legal, and wants children then more power to her.

Oh and any baby born on US soil is a U.S. Citizen, as soon as you start making "qualifications" for future citizens then the easier it gets to take away citizenship rights for current citizens.
 
Speaking, writing and reading English is definitely a requirement of becoming US citizen. If you fail, you need to retake the test. You won't get approved for citizenship unless you pass the test.

It's fairly basic and any 2nd grader can ace through it, but it's there.

You can get exemptions based on age. Then you can take it in a different language and have a translator present.
 

OmegaFax

Member
Companies exploited a loophole in both Chinese and American legal system where Chinese couples can have more than one child and have that child be a natural born US citizen ... and these companies are doing it for money. No legal expert but it sounds like a clusterfuck of both local and international affairs.
 

Valhelm

contribute something
Abuse of what? The Constitution? Do some unborn children have a moral right to US citizenship that others don't?

Perhaps not abuse, but it's an exploitation of a loophole akin to the tricks that this same economic demographic uses to avoid paying taxes.

This also really fucks over actual immigrants who intend to live in the United States, by delegitimizing the system of citizenship.
 

thefro

Member
If you are born in the US while your non-citizen parents are here on a tourist VISA and don't come back until college you shouldn't automatically get citizenship.
 

NekoFever

Member
I'd argue that the inclusion of diplomat babies is a clear indication that our government at the time did not want to grant citizenship to babies who were only going to be temporary residents. Tourist babies are temporary residents.

More that in all aspects of immigration, diplomats (and their families) are a special case. Diplomatic law is a whole field of international law with its own conventions and treaties.

Plus some countries that either don't recognise dual citizenship or aren't on friendly terms with the US might not like the US bestowing citizenship on the children of their diplomats.

In fact, there's nothing to stop the US-born child of a foreign diplomat making themselves a US citizen when they're old enough to make that decision. So in fact the law only means they don't automatically gain citizenship and therefore it clearly doesn't stop temporary residents becoming citizens.
 

Dr.Acula

Banned
Well with these Chinese "anchor babies" it looks like The US is getting "upper class" people doing this, so chances are these kids will go through public schooling in China then dump hundreds of thousands into the economy for their American University tuition.

Plus all US citizens are uniquely positioned to be taxed anywhere in the world, so they got that going for them.

It'd be better to be an EU citizen, honestly.
 

pigeon

Banned
I'm not sure why the proposed solution here jumps right to amending the 14th Amendment.

From the article:

As Zhai explains, the first step to becoming a birth tourist is to obtain a tourist visa from a U.S. consulate in China, usually in the early months of pregnancy. U.S. consular officers have discretion in granting visas. They don’t have to turn away a pregnant woman who may give birth in the U.S., nor do they necessarily have to allow her in. If a woman is asked about her plans, she has to tell the truth. There’s already a new phrase in use among potential birth tourists: cheng shi qian, or “honest visa application.” Zhai encourages this. She also recommends entering the U.S. through a city other than Los Angeles. “Las Vegas is really easy because everyone goes there to gamble, no matter if you’re a senior or pregnant,” she says. “If you cannot cross the border, we cannot make money.”

In other words, in order to enter America, you need to get a visa. Visas are provided by consulates, and consulates have discretion in granting them and the power to investigate them. If you lie about wanting to go to America to give birth, it's visa fraud, so these agencies tell women to tell the truth -- that they want to give birth in America.

If we want to have fewer birth tourists from China, changing birthright citizenship is an overreaction. Start by telling the consular officers to be stricter about granting tourist visas to pregnant women.
 

PSqueak

Banned
It's morally questionable, but, that's how most nations in the world work, you're born in that nations soil/air space? you're granted that nationality should you/your guardians accept it.

It would be incredibly silly to change the law regarding it.
 
D

Deleted member 231381

Unconfirmed Member
Of course they should get citizenship, what kind of question is that? The Constitution is explicitly clear on the matter.

Yes, but why is following the Constitution necessarily a good idea? It was written over 200 years ago in an entirely different context. It's really unhealthy to just assume everything it says is a good idea, particularly when there's plenty of evidence to the contrary and America has an abnormally unhealthy democracy compared to a lot of other Western countries.
 

Ecotic

Member
I can see great benefits to this. If wealthy Chinese families have their baby here, then in 2050 those wealthy Chinese-American adults are going to be American educated, bilingual and bringing their wealthy families here along with a lot of investment capital. They'll settle in California where speaking Chinese and English is valuable. I'd rather have people that valuable here than working against us in China. If they're coming here anyway it's probably because their creative business goals are being stifled in a still repressive China.
 
It's morally questionable, but, that's how most nations in the world work, you're born in that nations soil/air space? you're granted that nationality should you/your guardians accept it.

It would be incredibly silly to change the law regarding it.

Most Nations don't do this. In most countries if parents were immigrants turned citizen, if they have kids the kids are citizens. If parents aren't citizens, kids don't get citizenship. It might be easy for them but isn't automatic like in USA
 

Valhelm

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Yes, but why is following the Constitution necessarily a good idea? It was written over 200 years ago in an entirely different context. It's really unhealthy to just assume everything it says is a good idea, particularly when there's plenty of evidence to the contrary and America has an abnormally unhealthy democracy compared to a lot of other Western countries.

I really agree. It's pretty maddening that the constitution is so sacred in the United States. Regardless of your party affiliation, if you say anything to suggest that it shouldn't be followed to a T, you'll be practically seen as a traitor.
 
Yes, but why is following the Constitution necessarily a good idea? It was written over 200 years ago in an entirely different context. It's really unhealthy to just assume everything it says is a good idea, particularly when there's plenty of evidence to the contrary and America has an abnormally unhealthy democracy compared to a lot of other Western countries.

How is "if you are born here you are a citizen" unhealthy? Its not even an issue.
 
My sister did this with her son. She didn't do it through an agency, but just went and stayed with my aunt's family (who are citizens) in Georgia a few months before she was due and had her baby in America for the sole reason of getting him the citizenship. Edit: I think it might actually have a little more to it than that, since my sister is Jordanian but her husband isn't, and she lives in Jordan but our constitution doesn't grant the citizenship to children of Jordanian women. Only men have that right. So if my sister had her son here he might have been left with no citizenship or something. I'm not too privy on the details.

I personally have no opinion on the matter. I just wish I was an American citizen :p
 

Valhelm

contribute something
My sister did this with her son. She didn't do it through an agency, but just went and stayed with my aunt's family (who are citizens) in Georgia a few months before she was due and had her baby in America for the sole reason of getting him the citizenship.

I personally have no opinion on the matter. I just wish I was an American citizen :p

I think that staying with relatives is a very different circumstance from using the services of a "maternity tourism" company.
 

Man God

Non-Canon Member
Jus soli being so widespread in the new world was one of the best things that ever happened to this hemisphere. I am 100% for it.
 

nai

Member
statue_liberty.jpg
 
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Deleted member 231381

Unconfirmed Member
How is "if you are born here you are a citizen" unhealthy? Its not even an issue.

I wasn't saying it specific to this issue, which honestly I've not even considered very much. It was a general point. "It's in the Constitution" should never be an argument in defense of a point of principle.

Also, this thread is a little disappointing. I had no clear opinion on this and came in just to see a few thoughts from others, but most posts are just "yes" or "no" with very little justification to them.
 

TomShoe

Banned
Absolutely, it's in the Constitution. As shady as this practice is, the baby, by law, is an American citizen by virtue of being born on US soil. If you want to do anything, stop maternity tourism.

For people against it, what effect does this have on you so that you'd be against it? The last thing I want is for the US to become as xenophobic as the Japanese.
 

Man God

Non-Canon Member
Absolutely, it's in the Constitution. As shady as this practice is, the baby, by law, is an American citizen by virtue of being born on US soil. If you want to do anything, stop maternity tourism.

For people against it, what effect does this have on you so that you'd be against it? The last thing I want is for the US to become as xenophobic as the Japanese.

Or you know, in this case, as Xenophobic as Europe.
 
I think the U.S. Should stop granting citizenships for things like that. But if you move and become a productive person in the U.S., your kids if born in the U.S. Should be granted citizenship. This is just a scheme.
 

ItIsOkBro

Member
I think the U.S. Should stop granting citizenships for things like that. But if you move and become a productive person in the U.S., your kids if born in the U.S. Should be granted citizenship. This is just a scheme.

Geez man don't put citizenship on a higher pedestal than it already is.
 

IceCold

Member
Absolutely, it's in the Constitution. As shady as this practice is, the baby, by law, is an American citizen by virtue of being born on US soil. If you want to do anything, stop maternity tourism.

For people against it, what effect does this have on you so that you'd be against it? The last thing I want is for the US to become as xenophobic as the Japanese.

Countries that follow jus soli:

863px-Jus_soli_world.svg.png


dark blue: Unconditional birthright citizenship for persons born in the country
light blue: Birthright citizenship with restrictions
baby blue: Birthright citizenship abolished.

As you can see this is mainly an American (the continent) thing. Since they are countries built by immigrants.
 

Redd

Member
Hmmm my mom was a foreigner. She had to take a long tough test to get her citizenship. I wasn't even born on american soil but got my citizenship because my dad was an American.

Don't see the big deal babies getting citizenship because they were born on American soil.
 

Bodacious

Banned
As someone who just got citizenship after a decade of struggle and constant fear of USCIS despite being absolutely legal in every way, I definitely feel that this is cheating the system.

Hear, hear! My wife and oldest son (adopted) would definitely agree. Both are naturalized citizens - waited, paid, took the test, and swore the oath.

Congrats to you for doing so, too.

I personally believe that the people who actually go through with becoming fully legal naturalized citizens and follow all the rules to get there are the best Americans.
 

Matt

Member
I object even to the title of this thread. A baby born in the United States is a citizen, period. There is nothing to grant, it is their basic right.
 
The 14th amendment is the 14th amendment. You can bash the Chinese visa tourists because they are a easy target, but they're just looking to provide a better life for their children, just like all other immigrants to America.

What about illegal Mexican immigrants who have children in the US? Let's not go down a slippery slope.
 

The Adder

Banned
Yes. Because I don't trust the people currently in power to amend the Constitution in such a way as to limit this without also trying to limit citizenship in the extreme.
 
The 14th amendment is the 14th amendment. You can bash the Chinese visa tourists because they are a easy target, but they're just looking to provide a better life for their children, just like all other immigrants to America.

What about illegal Mexican immigrants who have children in the US? Let's not go down a slippery slope.

Those that are using the kids to take advantage of the benefits that it comes with it then yeah they should have theirs taken away. Some just move over here to have better lives and I know many that have kids and the only thing they get from the government is school.
 

FyreWulff

Member
Yes. Please keep birthright citizenship.

too much potential for abuse and shenanigans if we remove it.

Maybe, but when the laws were written there were no passenger airlines. People that come to America were on boats, and maternity tourism was an unheard of concept. It's not so much of an abuse, but a law that needs to be updated to reflect 2015.

When the laws were written, we bordered territories owned by multiple European powers and Native lands... planes are irrelevant as you could easily come from "elsewhere" even back then.
 
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