The reason is basically that the powers-that-be don't want to be granting US citizenship to people with essentially no connection to the US (as, for instance, Israel does).
Obama's mother hadn't lived in the US for long enough.
And she says she'll refuse to pay. This is gonna get really ugly in the best possible way.
http://tpmmuckraker.talkingpointsme...aitz_responds_to_judges_20k_fine_sho.php#more
"Are you kidding? Of course not," she said, asked whether she planned to send a check. "This is a form of intimidation."
Instead, she plans to file yet another written response (though it's unclear whether the court will even accept one).
I'm bumping this thread just to raise this question, in the hope someone knowledgeable will address it:
Mom Obama was, when he was born, a life-long resident and citizen of the US. Under the law in force in 1962, as described elsewhere in this thread, it was logically impossible for her to have satisfied the requirement. If you are 19 yo, you cannot have lived 5 years in the US after your 16th birthday, no matter how hard you try.
It's hard to believe this was Congress's intent, or that this was a workable policy.
SO. I think there was more to the law in 1962 than the section quoted on the internet. There must have been procedures or policies that would allow a baby that everyone would agree should be a citizen to gain citizenship.
Separate crazy question: What if Mom Obama had listed the Father as John Fitzgerald Kennedy, US citizen, profession POTUS? There was no DNA testing in 1962.
Yup. Also, I'd be willing to bet that disbarment is in her very near future. (Check out the final sentence of the order).Yeah.
From your article:
The irony -- or something -- is that the purpose of sanctions is to deter future sanctionable conduct. The judge raised the sanction from the proposed $10,000 to $20,000, because a mere $10,000 fine demonstrably deter her from filing frivolous paperwork.
If her response to this is to file another frivolous piece of paper, then that will prove that even $20k isn't enough to deter her, and justify the judge in raising the sanctions again.
This is a game Taitz can't win. Once it's been established that her conduct is sanctionable, the court has the authority to deter her. And there's no maximum fine that can be imposed; she can't buy her way out of this one by simply saying "hey, there's at most a $10,000 fine and I can afford this." If $20k won't work, try $50k. If that doesn't work, try $100k.
Sucks to be her, then.
Which may be why the law was changed.
Sure. It's called "changing the law." Happens all the time.
There's a good chance that she would have been arrested for fraud or something similar if she had tried.
But, again, this is a well-understood problem; paternity suits have been around forever. Just because a mother writes something on the birth certificate doesn't mean that it's true, and any interested party (usually the father who's being asked for child support) has an opportunity to rebut.
Yup. Also, I'd be willing to bet that disbarment is in her very near future. (Check out the final sentence of the order).
Respectfully, I'm not sure whether these answers knowledgeably address the question posed. Sure. The law may have been stupid; but, situations must have arisen often enough to require some kind of work-around. How was the law actually administered? If citizenship was not "automatic", was there a non-automatic procedure that could fix the problem? They really could not have wanted a bunch of Stateless babies toddling around.
Wikipedia on 'Statelessness' said:Statelessness may also arise at birth. For example, an American born abroad that has not spent five years in the US or one of its possessions does not have the right to transfer citizenship (i.e., that person's children will not be US citizens at birth). If that person continues to live abroad (e.g., as a resident alien, not a dual citizen) and then has children with a person with the same status in a country that does not have jus soli, their children will automatically be stateless at birth (Immigration and Nationality Act Sec. 301g). (However, many states have signed the 1961 Convention on the Reduction of Statelessness and will grant nationality to otherwise stateless persons born on their territory.)
Ouch.
Nicole Kidman is a US Citizen despite both her parents being Austrailian Citizens and never having taken up legal residence in the US because she was born prematurely while her parents were on vacation in Hawaii...a lot like the case mentioned above.
Wikipedia seems to have the answer to your question:
... an American born abroad that has not spent five years in the US or one of its possessions does not have the right to transfer citizenship ... .
This is a game Taitz can't win.
Thanks for finding this article, but I don't think it directly addresses the question I'm posing:
This describes a person with truly minimal contacts with the US. What about the lifelong resident and citizen who happens to give birth while visiting another country, and who then continues to reside in the US?
In brief, I'm having trouble believing that a baby born to a Kansas girl normally residing in the US would not be a citizen under some provision of the law.
The Internets tend toward simplistic answers.
Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:
.
.
...
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: ... This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; ...
You missed the crucial part of the Wikipedia article I linked to (and which I quoted in my post): i.e., the 1961 Convention on the Reduction of Statelessness. So, yes, under the terms of that convention, some kind of citizenship would be found for a child born, say, in Tokyo airport to a teenaged American mother and a Nigerian father. But the very existence of the convention speaks to the fact that your broader point was incorrect: in other words, there clearly were instances in which babies could be born with no de jure claim to citizenship in any country.