- Posted March 19, 2014 by
This iReport is part of an assignment:
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- Expert Jurist says Dominican Republic has no commitment with Haiti
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- The Economist; Journalism gone Berserk!
Its been revealed in a study that 160 countries do not give citizenship to children of illegal immigrants
Santo Domingo - A hundred and sixty countries, including the Dominican Republic, an overwhelming majority among the 194 Nations of the global conglomerate, does not grant automatic citizenship to children of illegal immigrants, no European State agrees that benefit and only United States and Canada, of the whole of the 31 advanced economies of earth, granted that privilege.
In the context of that reality, the universal tendency is removal of citizenship by birth, while many countries that once had such policies have eliminated them in recent decades.
This data reveals a study by the Center for immigration studies, based in Washington, United States, run by Mark Krikorian, executive director. Its author, Jon Feere, is the Agency legal policy analyst.
Countries which have adopted new policies to regularize the status of illegal immigrants or modify provisions to adjust them to legal residents, have found sources of resistance, although few such as the Dominican Republic, subjected to a campaign of allegations in local and international forums.
This week, Mark Krikorian, director of the Center for immigration studies, told LISTIN DIARIO that the decision of Dominican Republic and introduce changes in the rules for granting citizenship to children of immigrants born here is a prerogative of the nation, although he disagreed with the decision of the Constitutional Court.
The work of the Center is focused, basically, in the phenomenon of illegal immigration in the United States, protection Centennial of that country to the children of illegals, analyzes attempts to make changes to that tradition and, ultimately makes a comparison with the reality that they have faced and face other countries seeking to regulate the migratory flow through legislation.
Only 30 Nations of the planet grant automatic citizenship to children of illegal or in transit that were born in their territories in their constitutions.
"The overwhelming majority of the countries of the world DOES NOT grant automatic citizenship to those born within their territories", exposes the report.
"During the last decades", he adds, "many countries that once did, including Australia, Ireland, India, New Zealand, United Kingdom, Malta... have revoked those policies", while other countries are considering changes.
The 31 most developed economies on the planet, the study writes, only United States and Canada granted this privilege, being unique among that group in the practice of the system of ‘jus solis’ or citizenship by "right of the soil", in that the child acquires the nationality of the country where he was born of automatically.
No European country guarantee this condition of citizen children of illegal, observes, as he warns that "the world trend is moving away from automatic citizenship by birth...".
"During the last decades, many of these few countries with policies of automatic citizenship by birth have changed their legislation as a means to discourage illegal immigration and to give citizens more control over the future of their societies", he stressed.
For example, he cites the case of the United States, which held the right to citizenship by birth automatic, in its 14 amendment of 1886, 126 years ago, to protect children born of foreign illegal and temporaries, where there have been hearings in Congress, with initiatives of proposals and legislation of the Republican and Democratic parties aimed to limit or put an end to that privilege has more than one century.
The Democratic Senator from Nevada, Harry Reid, introduced legislation in 1993 to end citizenship for children of immigrants, Republican sat it in its 1996 platform, and three years later, in 1996, Congressman Republican Nathan Deal introduced to Congress the "Citizenship Act" by birth of 2009.
The U.S. Supreme Court has declared that children born in the United States, children of permanent resident aliens are covered by the citizenship clause, but the Court has not decided if the same rule applies to the children of foreigners whose presence in United States is temporary or illegal.
Each year, between 300,000 and 400,000 children are born of illegal immigrants in the United States. Despite the foreign nationality and the illegal status of the parents, the Executive branch of the Government of the United States automatically recognizes these children as American citizens at birth, according to the work.
"In recent years, the international trend has been the ending citizenship by birth universal."
Countries which have put an end to citizenship by birth universal include the United Kingdom, which put an end to the practice in 1983; Australia in 1986, India in 1987 and Malta in 1989. Ireland ended this practice through a referendum in 2004, New Zealand in 2006... ", points out."
In the case of the Dominican Republic, which is cited in the study, the Constitution proclaimed on January 26, 2010 provides, in paragraph 3 of article 18, the condition of citizenship is acquired by "people born in national territory, with the exception of the sons and daughters of foreign members of diplomatic and consular representations, foreigners who are in transit or reside illegally in the Dominican Republic.
He is considered a person in transit to any foreign or alien defined as such in the Dominican laws".
And in paragraph 5, it is stated that "immigrants, legal or illegal, who get married with a Dominican Republic or Dominican, provided that they opt for the nationality of their spouse and eligible, apply for the acquisition of Dominican nationality".
DOMINICAN REPUBLIC BETWEEN THE 160
ONLY 2 NATIONS AMONG 31 ADVANCED ECONOMIES
Only United States and Canada, members of the Group of 31 Nations owners of most advanced economies of the world, grant automatic citizenship to children born of illegal in their territories. The rest reluctantly to this award are Australia, Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Israel, Italy, Japan, Korea, Luxembourg, Malta, Netherlands, New Zealand, Norway, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland and United Kingdom.
ATTEMPTS TO CHANGES IN THE US CONGRESS
Jon Feere study argues that the increase in illegal immigration is the main factor of motivation in most of the countries to make changes to its policies on citizenship.
With respect to the United States, with a strong tradition in protection of the right of citizenship to those born on their land, basically children of illegals the study warns that if this country were to stop granting automatic citizenship to children of illegal immigrants, "they would be following an trend international".
"Some countries that currently recognize citizenship by automatic birth are considering the change in policy. For example, Barbados is struggling with large amounts of immigration, in relationship to its size, both legal and illegal, and they are contemplating to put an end to citizenship by birth to the children of illegal immigrants," it says.
The first step in Barbados, to address this problem, was to begin an amnesty for illegal aliens, giving it six months to regularize their situation. Any person still in the country illegally after December 1, 2009, was facing deportation.
The amnesty had a number of conditions, and any illegal alien with three or more dependent children could not qualify for automatic for citizenship the same thing happened in Antigua and Barbuda, one of the few Nations that grant automatic birth citizenship to children of illegal immigrants.