US Birthright Citizenship Proposal
14th Amendment Is For US
Children of Undocumented Immigrants:
No Automatic Citizenship: Children born on U.S. soil to undocumented parents (e.g., entered illegally or overstayed a visa) do not receive automatic U.S. citizenship, contrary to the 14th Amendment and United States v. Wong Kim Ark (1898).
“Born On US Soil” Certificate: Issued by U.S. Citizenship and Immigration Services (USCIS), documenting U.S. birth without citizenship, distinct from state birth certificates.
US Born Visa: Temporary legal status from birth to age 18, granting the same benefits as U.S.-born citizen children (e.g., public education, Medicaid, in-state tuition, part-time work at 16), for those who remain due to statelessness, unsafe home countries, or asylum.
Deportation Policy:
Default: Family deported to the parents’ country of origin if it accepts the child and is safe (no active conflict, no UN/FCO travel warnings).
Statelessness or Unsafe Country: If the home country denies jus sanguinis (risking statelessness) or is unsafe, the family applies for asylum. If granted, the child’s “US Born Visa” aligns with asylee status. If denied, the U.S. seeks “humanitarian countries” for deportation.
Statelessness Fallback: If no humanitarian country accepts, the child stays on the “US Born Visa.”
Voluntary Departure: Many families self-deport or leave voluntarily, reducing the number staying.
Citizenship at 18:
Conditional Grant: At 18, the child is granted conditional U.S. citizenship with a U.S. passport, revocable if they fail to complete four years of active service (ages 18–22).
Criteria:
Clean Record: No felonies, misdemeanors, or gang affiliations, verified by FBI/DHS background check.
Upstanding Patriotic Citizen:
Pass a U.S. civics exam (80% on a 100-question test, similar to naturalization).
Complete 200 hours of community service (e.g., volunteering at schools, charities).
Sign a loyalty oath to the U.S. Constitution.
Mandatory Service (Ages 18–22):
Military: Four years active duty in Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, or National Guard (e.g., logistics, medical, cybersecurity). Honorable completion required.
Public Service: For those unable (e.g., disability, conscientious objection), 8,000 hours (~40 hours/week) in federal services contributing to the nation, with no prioritization but encouraged to fill open roles:
U.S. Border Patrol (USBP): Border security, immigration enforcement.
Immigration and Customs Enforcement (ICE): Investigations, deportation support.
Customs and Border Protection (CBP): Border inspections, trade protection.
U.S. Forest Service (USFS): Wildfire management, conservation.
FEMA Corps: Disaster response.
National Park Service: Park maintenance, public education.
AmeriCorps VISTA: Education, community development.
Peace Corps: International service.
Includes a 100-hour U.S. history/government course.
Revocation: Citizenship and passport revoked at 22 if service is not honorably completed (e.g., dishonorable discharge, <8,000 hours, failure to enroll). Individual reverts to non-citizen status and faces deportation to a humanitarian country if stateless.
Appeals: Legitimate pathways for non-completion due to hardship (e.g., medical issues, family obligations) with documentation (“receipts”):
Partial service (e.g., 3 years) grants full citizenship if hardship is verified (e.g., medical records, caregiver proof), with additional civics hours (e.g., 50 extra hours of U.S. history study).
Appeals submitted to USCIS within 90 days, reviewed within 60 days.
Purpose: Deter illegal immigration, enforce “illegal is illegal,” and ensure citizenship is earned through loyalty and service.
Children of Legal Non-Residents (e.g., Visitor/Work Visa Holders):
No Automatic Citizenship: No citizenship unless a parent is a U.S. citizen or LPR.
“Born On US Soil” Certificate: Documents non-citizen status.
US Born Visa: Temporary status until 18, tied to parents’ visa (e.g., H-4), with same benefits as U.S.-born citizen children (education, Medicaid, in-state tuition, work at 16).
No Deportation: Parents are legal, but some may self-deport or leave voluntarily.
Citizenship at 18: Conditional citizenship with U.S. passport at 18, requiring clean record, patriotic criteria (civics exam, 200 hours service, oath), and four years active service in federal roles (encouraged to fill open positions). Revocable at 22 if incomplete, with hardship appeals (partial service with extra civics hours).
Purpose: Prevent birth tourism and align with undocumented pathway.
Visa Restriction for Pregnant Women:
Deny visas after 28 weeks; expire visas at third trimester.
Purpose: Curb birth tourism.
Third-Country Deportation:
If the home country denies jus sanguinis or is unsafe, the U.S. seeks “humanitarian countries” for deportation. If none accept, the child stays on the “US Born Visa.”
Core Objectives:
Eliminate automatic jus soli for non-LPR parents’ children.
Enforce deportation, with many leaving voluntarily.
Use certificate and visa with full childhood benefits to manage non-citizen status.
Grant conditional, revocable citizenship with passport at 18, tied to service, fostering loyalty and pride.
Updated “Born On US Soil” Certificate
Citizenship Eligibility Field: “Eligible for conditional U.S. citizenship and U.S. passport at age 18, revocable at 22 if four years of active U.S. military or federal service (ages 18–22) is not honorably completed, alongside clean record and patriotic qualities. Appeals available for hardship with documentation, allowing partial service with additional civics hours.”
Sample Text: “This certificate confirms birth on U.S. soil but does not confer citizenship. The individual holds a US Born Visa (No. USBV-2025-XXXXXXX) until age 18, granting benefits equivalent to U.S.-born citizens, with conditional citizenship and passport at 18, subject to revocation without honorable service.”
Updated “US Born Visa”
Benefits (Birth to 18): Same as U.S.-born citizen children, including:
Education: Full access to public K-12 (Plyler v. Doe, 1982), in-state college tuition (state-dependent, e.g., eligible in California, Texas).
Healthcare: Medicaid or equivalent (per state/federal eligibility, e.g., CHIP for children).
Work: Part-time work authorization at 16 (e.g., 20 hours/week, retail, internships).
Other: Social services (e.g., WIC, food assistance), driver’s licenses (state-dependent), library access.
Post-18: Benefits continue under conditional citizenship with U.S. passport, allowing travel and full citizen-like rights until revocation risk at 22.
Condition: Citizenship/passport revocable without honorable service. Hardship appeals noted.
Tracking: USCIS monitors via annual check-ins, service enrollment at 18.
Service Roles (Refined)
You’ve clarified no prioritization among federal services, but children are encouraged to fill open roles. Here’s the framework:
Military Service (50–75% of Cohort):
Roles: Active duty in Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, or National Guard, with emphasis on open roles (e.g., logistics, medical, cybersecurity, disaster response).
Encouragement: Recruiters highlight high-demand areas (e.g., cybersecurity due to tech shortages, per DoD reports).
Implementation: DoD integrates 7,500–26,250 annually (based on 15,000–35,000 staying, accounting for 50–80% deportation/self-deportation). Fits within 150,000 annual enlistments.
Federal Public Service (25–40%, for Unable/Exempt):
Programs (Encouraged for Open Roles):
U.S. Border Patrol (USBP): Border security (e.g., patrolling, surveillance).
Immigration and Customs Enforcement (ICE): Enforcement operations, investigations.
Customs and Border Protection (CBP): Border inspections, trade enforcement.
U.S. Forest Service (USFS): Wildfire response, trail maintenance.
FEMA Corps: Disaster preparedness, community outreach.
National Park Service: Visitor education, park conservation.
AmeriCorps VISTA: Tutoring, poverty alleviation.
Peace Corps: Global service promoting U.S. values.
Requirements: 8,000 hours (~40 hours/week, 4 years), 100-hour U.S. history/government course.
Encouragement: USCIS and agencies promote high-need roles (e.g., USBP shortages, per DHS data).
Implementation: Expand programs by 3,750–14,000 slots annually, DHS-funded.
Exemptions:
Disability: Tailored roles (e.g., CBP data analysis, USFS office support), medically verified.
Conscientious Objection: Public service (e.g., AmeriCorps), USCIS-certified.
Hardship: Reduced hours (e.g., 4,000) for caregivers, with documentation.
Appeals Process (Refined)
Grounds for Revocation:
Dishonorable military discharge (e.g., desertion, misconduct).
Failure to enroll by 18 (6-month grace period).
Incomplete public service (<8,000 hours) without exemption.
Appeals:
Submission: Within 90 days of revocation notice, submit to USCIS with documentation (“receipts,” e.g., medical records, caregiver proof).
Eligible Hardship Grounds:
Medical: Injury/illness (e.g., 3 years served, then medical discharge). Grants full citizenship with 50 extra civics hours (e.g., U.S. history seminars).
Family Hardship: Sole caregiver duties, verified by legal documents. Grants citizenship with 4,000 hours and 50 extra civics hours.
Administrative Errors: Misreported hours, corrected with agency records.
Review: USCIS panel (with DoD/DHS input) decides within 60 days, granting extensions (e.g., 1 year to complete) or citizenship.
Outcome: Successful appeals reinstate citizenship. Denied appeals revert to non-citizen status, with deportation risk.
Service Feasibility (Updated)
Cohort Size: 15,000–35,000 annually remain (5–10% of 300,000–350,000 births, due to 50–80% deportation/self-deportation/voluntary departure).
Military: 7,500–26,250 in open roles, within DoD capacity.
Public Service: 3,750–14,000 in USBP, ICE, USFS, etc., feasible with DHS expansion.
Cost: DHS/DoD-funded, stipends offset by contributions, minimal fees.
Implications
Benefits
Earned Citizenship: Conditional citizenship with passport, revocable without service, fosters loyalty and pride, addressing your 14th Amendment “absurdity” concern.
Immigration Control: Certificate, visa, deportation, and visa restrictions deter illegal immigration and birth tourism.
Integration: Full childhood benefits and federal service promote contribution and civic engagement.
Fairness: Hardship appeals with documentation ensure equity.
Challenges
Constitutional: Requires 14th Amendment amendment to override Wong Kim Ark.
Statelessness: Conditional citizenship risks marginalization, conflicting with 1961 Convention.
Revocation: Legal challenges possible for passport revocation (due process).
Deportation: Humanitarian countries may resist accepting stateless children.
Specific Scenarios
Undocumented Parents, Safe Country, Jus Sanguinis:
Argentine parents, child born in U.S. Argentina grants citizenship, safe.
Deported to Argentina, certificate issued, no visa/passport.
Undocumented Parents, No Jus Sanguinis, Unsafe Country:
Syrian parents, child born in U.S. Syria denies citizenship, unsafe.
Asylum applied. If granted, visa as asylee, Medicaid, in-state tuition. Conditional citizenship/passport at 18, serves in USBP (open role). If 3 years served due to injury, appeals with medical records, citizenship granted with 50 extra civics hours. Revoked at 22 if no appeal.
Legal Non-Residents, No Jus Sanguinis:
Indian H-1B parents, child born in U.S. India denies citizenship.
Certificate, visa (H-4), full benefits. Conditional citizenship/passport at 18, serves in USFS (open role), revoked if incomplete unless hardship appeal.
Pregnant Woman on Visa:
Brazilian woman at 30 weeks. Visa denied/expired. If birth occurs, certificate, visa, full benefits, citizenship/passport at 18, serves in FEMA Corps.
My Take
This proposal, with full childhood benefits, encouraged federal service roles (USBP, ICE, USFS), and hardship appeals with documentation, creates a robust, equitable system to deter illegal immigration and birth tourism while fostering loyalty through earned citizenship. High deportation/self-deportation rates ensure a manageable service cohort (15,000–35,000 annually), and benefits like Medicaid and in-state tuition support integration. Constitutional barriers remain the biggest hurdle, requiring an amendment. Hardship appeals add fairness, but revocation risks legal challenges. Encouraging open roles maximizes flexibility and impact.
What do you think?