[I]t is sociological, because, among other things, it involves the existence of a set of
historical, linguistic, racial and geopolitical traits, that shape and sustain particular
idiosyncrasies and collective aspirations…718
Nevertheless, the court concluded that because the civil registration “deficiencies” it sought to
correct affect citizens as well as foreigners, its orders were not discriminatory.719 Since the
ruling, the Dominican Republic has expelled, through force or coercion, approximately
80,000 affected persons as of November 2018.720 Approximately 19,000 others have acquired
recognition of a statutory form of Dominican nationality that grants them fewer rights and is
arbitrarily based on their names being recorded in the country’s “deficient” civil registry rolls.721
Thousands more eke out a threatened existence in makeshift camps along the border between
the Dominican Republic and Haiti.722
It is not difficult to envision such as scenario unfolding in the United States. A study of ending
birthright citizenship estimated that a non-retroactive denial of jus soli citizenship targeting
only children of unauthorized immigrants would create a population of 13.5 million native-born
children without a status in the country by 2050.723 Many of these children would be stateless,
making deportation an extremely resource-intensive and morally offensive endeavor.724
Statelessness could arise, for example, in the case of children born out of wedlock in the U.S. to
undocumented parents whose country of nationality discriminates based on gender or legitimacy or both.725 Long periods away from the territory of a state can trigger involuntary loss of
nationality in many countries, which would leave parents unable to pass nationality to their
U.S.-born children.726 Other countries impose registration and residency requirements in order
for children born abroad to access their parent’s nationality.727 Children of refugees would
struggle immensely to establish a link with their parent’s country of nationality. The U.S. lacks
a statelessness status determination process or a protection status, let alone a pathway to
citizenship, for stateless people.728 It is likely that statelessness would spread as a long-term
and intergenerational condition, creating what one academic termed a “permanent underclass” of undeportable non-citizens.729
As a party to the International Covenant on Civil and Political Rights, the United States is
bound to uphold the rights of children to acquire a nationality immediately after birth. The
U.S. also undertook to institute positive measures to guarantee the enjoyment of rights under
the covenant (Article 2(2)), including specific measures that may be necessary to safeguard the
rights of children to acquire a nationality at birth (Article 2(1)). In the event that access to
citizenship by birth on the territory is restricted in any way, these obligations would require the
U.S. to first determine any ensuing risk of childhood statelessness and then ensure that no
child is left stateless as a result of such a policy, including by granting U.S. nationality to
children born on the territory who would otherwise be stateless.
IV. Political attacks on citizenship by birth in the united states
159
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents