U.S. Citizenship of Persons Born in the United States to Alien Parents

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Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Fourteenth Amendment of the U.S. Constitution and §301(a) of the Immigration and Nationality Act (INA) (8 U.S.C. §1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention … continued below

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22 p.

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Lee, Margaret Mikyung May 12, 2006.

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This report is part of the collection entitled: Congressional Research Service Reports and was provided by the UNT Libraries Government Documents Department to the UNT Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 2655 times, with 4 in the last month. More information about this report can be viewed below.

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Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Fourteenth Amendment of the U.S. Constitution and §301(a) of the Immigration and Nationality Act (INA) (8 U.S.C. §1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants.

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22 p.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.

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  • May 12, 2006

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  • July 3, 2006, 3:10 p.m.

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  • July 28, 2020, 6:09 p.m.

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Lee, Margaret Mikyung. U.S. Citizenship of Persons Born in the United States to Alien Parents, report, May 12, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs9011/: accessed February 10, 2025), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.

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