Court denies US citizenship to American's son

[ouronlylight]

WASHINGTON (AFP) - The US Supreme Court ruled Monday that a man who was born in Mexico of a Mexican mother and an American father is not entitled to US citizenship, even though the law discriminates on the basis of gender.Without comment, the top US court upheld a 2008 decision by a federal appeals court in California that refused US citizenship to

Comments

[vanillakokakola]

WHAT IN THE ACTUAL FUCK

HIS FATHER IS AMERICAN
ERGO HE IS AMERICAN

I DON'T EVEN

[vanillakokakola]

In 2006, he was arrested and tried as an illegal alien, sentenced to three and a half years in prison and expelled to Mexico.

what the FUCK? fuck this shitty ass country

[serendipity_15]

An American woman can transfer citizenship to her child if she has lived for a full year in the United States. A man on the other hand must prove he has lived at least five years in the United States after his 14th birthday.

I didn't know the requirements were different, I thought it worked the same for American fathers as it did for mothers. Why is it different? 0.o

[stellar_kar]

I didn't know that either tbh but that seems really messed up

[apocalypsos]

Just off the top of my head, I'd guess it may be because it's easier for a woman to prove she gave birth to a child than for the father to prove paternity.

EDIT: I should add that that relates back to the law in that it probably just goes to show how out-of-date the statute is, because now it's easier what with paternity tests and everything.

[ouronlylight]

From what I can tell from the State Department website, I think it's because his parents weren't married and his citizen parent is his father. There are a ton more requirements for citizenship for children born out of wedlock to American fathers/foreign mothers abroad than there are for those born out of wedlock to American mothers/foreign fathers. For instance, an individual's American paternity has to be established prior to his/her eighteenth birthday; if paternity is established after turning eighteen, then citizenship can't be transferred. It's seriously fucked up, and the only reason I can see is that the government doesn't want children born of American men's flings abroad, who are subsequently raised abroad with foreign allegiances, to be able to later claim American citizenship and enter the country as a subversive - because all immigrants are trying to destroy America, you know. :/

[sgrios]

Who knew? I'm NOT a dual citizen according to this ruling.

Pah.

[bestdaywelived]

This is on board with their decision in Nguyen, so while I don't like it, at least stare decisis is being upheld?

[browneyedguuurl]

o_O