Integrity Legal

In recent weeks there has been a great deal of discussion in the media regarding President Donald Trump’s statements regarding the use of executive orders to fundamentally alter the way in which citizenship is conferred to individuals born in the USA. To quote directly from a recent article in the New York Times:

President Trump said he was preparing an executive order that would nullify the long-accepted constitutional guarantee of birthright citizenship in the United States…“We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits,” Mr. Trump [said].

There are many people of various political persuasions who do not agree with the notion that Mr. Trump indeed has the legal authority to bring birthright citizenship to an end exclusively through executive order. However, there has been some debate on whether a Constitutional amendment or legislation from the United States Congress is sufficient to change the rules with respect to this issue. To quote directly from the Washington Post:

The 14th Amendment’s citizenship clause did not even address, much less resolve, the question of citizenship for the U.S.-born children of undocumented immigrants…Although the clause states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” Congress and courts were left to work out the full meaning of the words, “and subject to the jurisdiction thereof.”

In this blogger’s opinion it is also worth noting that the United States Supreme Court could also have a direct impact upon the way in which citizenship is defined in the United States through use of that branch of government’s interpretive powers to redefine the framework of citizenship conferment. However, the entire issue of citizenship in this context is of no particular concern for the reader of this blog as most readers of this blog reside in Thailand. For these individuals it is important to note that a change in the framework for conferring citizenship could have implications for children born to United States Citizen abroad.

Children born to United States Citizens in Thailand (or anywhere else outside of the United States) may be granted citizenship automatically through use of a Consular Report of Birth Abroad (or CRBA). In order to automatically confer United States citizenship to a child born abroad one of the parents of the child must be an American citizen at the time of the child’s birth and the American citizen must have spent the statutorily required amount of time physically present in the USA at the time the child was born. There are instances where an American citizen parent will be unable to confer citizenship to their child due to a failure to meet the physical presence requirement for automatic transmission. In such cases, it is possible to utilize the provisions of the Child Citizenship Act of 2001 to allow a child born abroad to become a United States citizen by operation of law.

These issues are important to keep in mind for Americans living abroad as it is this blogger’s opinion that Mr. Trump’s attempt to change birthright citizenship rules through executive order is likely to kick off litigation which will ultimately culminate in the United States Supreme Court. The framework for conferring citizenship rendered in an opinion of the Court could change not only birthright citizenship rules, but rules regarding citizenship for individuals born abroad as well.

As this situation evolves we will update this blog accordingly.

Tags: American Citizenship, birthright citizenship, Citizenship Certificate, consular report of birth abroad, CRBA, CRBA Certificate, Donald Trump, President Trump, SCOTUS, Trump, United States Citizenship, United States Citizenship by Operation of Law, United States Supreme Court, US Citizenship
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It would appear as though Representative Ron Paul will soon be joining the list of Presidential hopefuls which would currently appear to include names such as Donald Trump, Michele Bachmann, Newt Gingrich, and Gary Johnson (not to mention the incumbent President Barack H. Obama). To shed more light upon these developments it may be best to quote directly from the National Journal‘s official website NationalJournal.com:

Rep. Ron Paul, R-Texas, whose outspoken libertarian views and folksy style made him a cult hero during two previous presidential campaigns, will announce on Tuesday that he’s going to try a third time.

Sources close to Paul, who is in his 12th term in the House, said he will unveil an exploratory presidential committee, a key step in gearing up for a White House race. He will also unveil the campaign’s leadership team in Iowa, where the first votes of the presidential election will be cast in caucuses next year.

Clearly, Rep. Paul appears poised to make another run for the White House following a recent win of the CPAC straw poll which saw Mainstream Media outlet Fox News take criticism for their coverage of the event. The author of the aforementioned article seemed optimistic about Representative Paul’s chances in the upcoming election:

This would seem to be an ideal year for Paul: Since the last election, the Republican Party has moved much closer to his view on deficit reduction, which made him an early tea party favorite. All of the party’s top-tier presidential hopefuls are focusing on lowering debt, government spending, and tax rates, issues Paul has long advocated.

Readers of this web log are strongly encouraged to click upon the hyperlinks above to read about these developments in detail.

It is interesting to this blogger that of all of the coverage of the 2008 elections the speeches and comments delivered by Representative Paul along with those made by Representative Dennis Kucinich seem to have been both prescient as well as the only comments which were at all noteworthy in that campaign. However, during that campaign both Representative Paul and Representative Kucinich were considered far from “mainstream” candidates. Clearly, the shift in paradigm regarding Representative Paul as a candidate is attributable to changed conditions both in the United States and abroad.

As noted in previous postings on this blog, the Presidential elections can have a tremendous impact upon the international community. This is especially true in an Asian context as China and the economies comprising the Association of Southeast Asian Nations (ASEAN) become increasingly important in a global economic context. It is likely that a Ron Paul administration would have policies which could be construed as substantially different from those of his predecessors. How events will play out in the lead-up to the election remains to be seen, but with issues such as the economy becoming of increasing concern to Americans this election could prove to be one of the most important in United States history.

Tags: American Presidential Election, Campaign 2012, Civil Libertarian, CPAC, CPAC straw poll, Democratic Party, Donald Trump, Election 2012, Gary Johnson, libertarian, Michele Bachmann, Newt Gingrich, President Barack H. Obama, Presidential Campaign, Representative Ron Paul, Republican Party, United States Presidential Election, White House race
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