Below are the facts. How do we make “Embassy Rooms” in hospitals to guarantee that a child born to two foreign parents, are born as citizen of their parents country. Can a hospital room be designated as embassy for the sole purpose of making sure illegals are not issued birth certificates because the room they’re born in is covered under the same/similar rules as Foreigners Embassies? Can this law be passed by congress, and not contradict the constitution? *** I attached photo of 19 points of mass deportation ideas previously posted and revisited from a 1994 California bill, that can be applied federally making it constitutional. I’m not an expert, so I’m hoping that experts weigh in.
Embassy’s in Hospitals
Explain being born inside foreign embassy located on American soil.
Being born inside a foreign embassy located on American soil presents an interesting scenario in terms of nationality and jurisdiction, due to the special status of embassies under international law. Here’s how it generally works:
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Territorial Jurisdiction: According to the Vienna Convention on Diplomatic Relations (1961), while an embassy is located within the host country’s territory, it is considered inviolable and under the jurisdiction of the sending state (the foreign country the embassy represents). However, this does not mean the embassy’s premises are foreign soil in the literal sense; rather, they enjoy special protections.
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Birthright Citizenship: In the context of the United States, the 14th Amendment provides for birthright citizenship, meaning anyone born in the United States is a U.S. citizen. However, this is where the situation gets nuanced:
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Embassy Grounds: Legally, an embassy is not considered part of the host country’s territory for the purpose of nationality laws. Therefore, being born in an embassy might not automatically confer U.S. citizenship as would being born elsewhere on American soil.
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Parents’ Status: If the parents are foreign diplomats, the child typically does not receive U.S. citizenship because diplomats and their families are generally exempt from the jurisdiction of the host nation. The child would typically inherit the citizenship of the parents’ home country.
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Dual Citizenship: Depending on the laws of the parents’ home country, the child might be eligible for citizenship of that country. Some countries allow for citizenship by descent (jus sanguinis), so the child could be a citizen of the country the embassy represents.
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Special Cases: There might be unique or bilateral agreements between countries that could affect citizenship outcomes. Also, if the parents are not diplomats but are citizens of another country merely visiting or working at the embassy, the rules might differ, potentially leading to different citizenship outcomes.
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Practical Implications:
- Documentation: The child would likely be documented by the embassy, leading to the issuance of a birth certificate from the country the embassy represents.
- Travel: The child might travel on a passport from the embassy’s country until they reach an age or situation where citizenship needs to be clarified or chosen.
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Legal Interpretation: This area can be legally complex, and specific cases might need to look at both U.S. law interpretations and the laws of the country whose embassy it is. Legal advice would typically be sought in such scenarios to navigate any complexities.
In summary, being born inside a foreign embassy on American soil would generally mean the child does not automatically receive U.S. citizenship but would likely gain citizenship from the country the embassy represents, especially if the parents are diplomats. However, individual circumstances and specific legal interpretations can lead to variations in this general rule.