Congressional Digest

Supreme Court Debates December 2016 No. 9 Vol. 19
Loretta E. Lynch, U.S. Attorney General

Gender Discrimination in U.S. Citizenship

Parental Nationality and Foreign Births

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Loretta E. Lynch, U.S. Attorney General

Ian Heath Gershengorn, Acting U.S. Solicitor General

In 1952, the U.S. Congress passed the Immigration and Nationality Act, which set out the U.S. citizenship requirements for a child with one American parent born out of wedlock on foreign soil. The child is automatically a U.S. citizen if the mother was an American who spent at least one continuous year on U.S. soil. If the child’s father was American, then he would have to have spent at least 10 years on U.S. soil, five of which had to come after his fourteenth birthday. In 2011, Luis Ramon Morales-Santana filed a lawsuit challenging what he said was the discriminatory…

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