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Yes.

Originally, several of the legislative creators of the 14th amendment intended that the children of foreign citizens born in the US would NOT be US citizens.

Section 1 of the 14th Amendment 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."

While the original drafters proposed the idea that foreign citizens were not "subject to the jurisdiction of the United States" and therefore their children born in the US would not be US citizens, this idea does not appear to have been of any concern during revisions of the Amendment. It appears NOT to have been a substantive question addressed by either the House or Senate, with most of the focus in writing the 14th Amendment being on excluding Native Americans from citizenship, and on related issues around revocation of citizenship.

The wording of the 14th Amendment was changed with no real debate about its impact on US-born children of foreign citizens. During ratification in the US Senate, there is no record of any objection to this change in wording, and no mention of caring about its impact on US-born children. The issue appears to have either been completely overlooked, or ignored.

This left the final wording a bit vague, with no real legislative record as to the meaning intended by Congress. The Supreme Court, in an 1898 decision known as U.S. v. Wong Kim Ark, settled this vagueness with an interpretation that children of foreign citizens born in the US soil are US citizens.

A new Supreme Court decision overturning this precedent or a new Amendment superseding the 14th Amendment would be necessary for children of illegal aliens to be excluded from citizenship.

AnswerAt the current time, any child born on US soil regardless of the status of the parents becomes a US citizen. Answer

This is true, anyone born on American soil is an American citizen. Most illegal think that by having their children in America, that they will be able to stay here when caught. That is wrong. America will not deport the child, but the parent will be deported. If it is not a deportation because of an arrest, they will be able to take their children with them. However, if it is deportation because of a criminal arrest, the children will be placed in foster care of with a legal family member. The child's citizenship status has nothing to do with the parent's status.

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11y ago
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9y ago

All births to a U.S. citizen are automatically considered a U.S. citizen by virtue of even just one parent. Although Germany might consider the child a dual citizen, one must remember that U.S. law does not recognize Dual Citizenship.

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15y ago

If the mother's citizenship is German, her children will automatically be born as German citizens, no matter on which country's territory they are born.

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12y ago

If they fill out all necessary paperwork proving he is their child, yes, he is an American citizen. This happens most often in military families stationed in the US bases over in Germany.

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14y ago

Yes. If one parent was born in the U.S., you, as their child, have dual citizenship automatically.

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Q: Does a child of two illegal immigrants acquire US citizenship by being born in the US?
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