Supreme Court agrees to hear overseas citizenship dispute
Source: Reuters
The Supreme Court on Tuesday agreed to decide whether gender inequity in U.S. immigration law over granting citizenship to children born abroad to unwed American-citizen parents - favoring mothers over fathers - violates the U.S. Constitution.
The case involves a convicted felon from the Dominican Republic named Luis Morales-Santana, who was denied U.S. citizenship even though his father was a citizen. It marks the second time the high court has taken up the issue. In 2011, it split 4-4 in a similar case, leaving the matter unresolved.
In July 2015, the 2nd U.S. Circuit Court of Appeals in New York sided with Morales-Santana and struck down the law at issue, saying it applied "impermissible stereotyping" in imposing a tougher burden on fathers. The U.S. Justice Department asked the high court to take the case.
The law requires unwed fathers who are U.S. citizens to spend at least five years living in the United States - a 2012 amendment reduced it from 10 years - before they can confer citizenship to a child born abroad, out of wedlock and to a partner who is not a U.S. citizen.
For unwed U.S. mothers in the same situation, the requirement is only one year.
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Read more: http://www.reuters.com/article/us-usa-court-citizenship-idUSKCN0ZE1NC
World | Tue Jun 28, 2016 10:13am EDT
WASHINGTON | BY LAWRENCE HURLEY
NWCorona
(8,541 posts)"Morales-Santana, 54, was convicted of several offenses in 1995, including two counts of robbery and four counts of attempted murder. The U.S. government has sought to deport him since 2000.
Morales-Santana's deceased father was an American citizen, while his mother was not. His father failed to meet the law's requirements by 20 days, according to Morales-Santana. He has lived legally in the United States since 1975."
I'm not sure how I feel on this. The law should be equally to the mothers but this isn't the guy I want challenging this law.
TeamPooka
(24,221 posts)powerful or wanted in a society.
Otherwise we are picking and choosing who gets "Rights."
And then they aren't "rights" anymore, they are "grants."
MidwestTech
(170 posts)I mean, he's so privileged that he can afford to wait those extra 5 years. HELL Make it 20!
is anyone else sick of how men are treated in regards to parental rights in the law?
I have no kids, and no dog in this fight one way or another. But it seems to me that men get a real raw deal where parental rights under the law are concerned.
I agree with the OP this is not the case I'd like this determined on - laws against felons immigrating and all - but he IS the son of an American Citizen!