Granting US citizenship to foreign diplomats’ children ignores the reality that the foreign parents are, in both situations, temporarily residing in our nation, working for a different government or international organization, and benefiting from special diplomatic privileges or immunities.
The convoluted regulations of the State Department state that children born in US to diplomats on the blue list are not recognized as citizens of the United States, but children born to parents on the whitelist, who are usually administrative or consular workers, are recognized as full citizens.
Keeping track of the distinctions and overseeing this questionable system falls within the purview of the State Department’s Office of Foreign Missions (OFM).
What To Know About Granting US citizenship to Foreign Diplomats’ Children
It can be difficult to classify foreign officials into one category or another; this is sometimes done by dishonest foreign embassies hoping to assist a staff member who is expecting an American citizen. The Sobhani case serves as evidence that improper execution of OFM’s crucial role may lead to the erroneous issuance of US passports.
Approximately 100,000 foreign diplomats and their dependents reside in the US at any given time. These officials hold accreditations from several international organisations, including the United Nations and its satellite organisations, as well as bilateral embassies and consulates. Keeping up with these folks is quite difficult.
A considerable portion of foreign diplomats want to abuse their advantages by obtaining U.S. passports for friends and family, even though the majority of them are professionals who do not want to abuse their diplomatic status.
The Vienna agreements on diplomatic and consular safeguards, which codify international standards and legislation, serve as the foundation for the distinctions between the OFM blue list and white list.
As official representatives of their foreign governments, “blue-list” diplomats are granted the highest privileges and immunities in the host nation under the Vienna Conventions. One such benefit is immunity from arrest. Administrative employees on “white lists” and consular representatives have similar benefits and immunities, but less protections against arrest.
The Political View to Granting US citizenship to Foreign Diplomats’ Children
It is a wise political move to start with diplomatic infants in order to gain the larger public policy and legal struggle necessary to alter the existing, untenable interpretation of the citizenship clause of the Fourteenth Amendment. To get more guidance on the US citizenship and legal immigration path, reach out to our globemigrant travel consultants.
According to CIS estimates from 2018, there were over 297,000 births annually to moms who were in the nation illegally. We can only speculate as to how much higher that number is now, following three years of open-border policies from Biden.
The majority of legal experts do not believe that Trump can decide who is or is not a citizen under the 14th Amendment by executive order. However, if Trump issues an executive order and is unsuccessful in the Supreme Court, the debate may increase public awareness and compel Congress to pass legislation that explains the exact meaning of the Fourteenth Amendment.