The Extraordinary Statelessness of Deepan Budlakoti 17
birthright citizenship policy that denies U.S. citizenship by birth to no one,
including children born to foreign diplomats” (Feere, 2011, p. 2). The
suggestion that the practice also occurs in Canada is reflected on the Global
Affairs Canada website (n.d.) which provides redress instructions to diplomat
parents of children “born in Canada who did not acquire Canadian
citizenship,” and yet who had obtained a Canadian passport warning that
“application for such a passport can be construed as misconduct,” and that
any such passport should be surrendered.
The “error” of granting birthright citizenship to children of diplomats is
created through a chain of documents. As Global Affairs Canada (n.d.), notes,
“children born of foreign representatives would normally obtain a provincial
birth certificate.” The birth certificate in turn permits acquisition of a social
insurance number and a Canadian passport. Notably, birth certificate request
forms do not require declaration of parental diplomatic status. This practice is
significant insofar as a Canadian long-form birth certificate in fact is a portal
to citizenship – the key identity document to establishing one’s access to
Canadian passports for children.
It is not known how many Canadian-born children of foreign diplomats
have followed the network of documents issued by Canadian federal and
provincial government agencies from Canadian provincial birth certificate to
acquisition of Canadian passport and access to a lifetime of treatment by all
levels of the Canadian state as a Canadian citizen. In Canada, the issue of
ethically questionable application of jus soli has focused primarily on socalled “birth tourism” and “passport babies,” born to foreign women who
come to Canada for the express reason of gaining Canadian citizenship for
their Canadian-born children rather than children of foreign diplomats or
employees (Wong, 2014). In the United States, the heated debate over
intended scope of the 14th Amendment’s Citizenship Clause has focused
primarily on U.S.-born children of “illegal immigrants.” Interestingly, in the
U.S. context, Feere argues that the State Department has determined that birth
to a foreign diplomat “may not necessarily bar an individual from being
considered a U.S. citizen at birth.” The U.S. State Department’s
determination “required a fact based analysis to determine whether he/she
was born subject to the laws of the United States,” skirting the issue of
whether such a child was “subject to the jurisdiction of” the U.S. (quoted in
Feere, 2011, p. 5, emphasis added).
How has the issue of birthright citizenship and the diplomatic exception
been applied in the case of Deepan Budlakoti? As mentioned earlier,
Deepan’s parents were never part of diplomatic staff; rather they were
employed as low-level household workers for the Indian High Commissioner.
Citizenship and Immigration officials, the IRB and the Federal Court and
Federal Court of Appeal have all agreed that Budlakoti’s parents’
employment ended after their son’s birth, concluding that he had never been a
Canadian citizen under S. 3(1)(a) of the Citizenship Act, his lack of such
status governed by S. 3(2) of the Citizenship Act.
Studies in Social Justice, Volume 11, Issue 1, 1-26, 2017
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