How do we determine who is a citizen of the United States?

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How do we determine who is a citizen of the United States?
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Presentation transcript:

How do we determine who is a citizen of the United States? Define the term “citizen”, and identify legal means of becoming a United States citizen. (SS.7.C.2.1) Analyze the impact of the…14th Amendment…on participation of minority groups in the American political process. (SS.7.C.3.7) How do we determine who is a citizen of the United States? Clip art off google images

What does the Constitution of the United States Say about citizenship? The Constitution is like a rule book for government: it outlines the structure and function of our government and names some of the rights of the people. What does the Constitution of the United States Say about citizenship?

The Fourteenth Amendment or naturalized All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside…

Who is a natural born citizen of the United States? Natural Born Citizens

Natural Born Citizenship is based on two “laws”: Parents, or “Law of the Blood” Children born to a parent or parents who are United States Citizens Place of birth, or “Law of the Soil” Children born in the United States or territories/possessions S http://www.npr.org/sections/thetwo-way/2015/08/18/432707866/3-things-you-should-know-about-birthright-citizenship http://cis.org/birthright-citizenship B

“Law of the Soil” Any child born in the United States is a citizen of the United States, even if the child’s parents are not citizens. Soil of the U.S. includes Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands. http://www.npr.org/sections/thetwo-way/2015/08/18/432707866/3-things-you-should-know-about-birthright-citizenship http://cis.org/birthright-citizenship https://www.uscis.gov/policymanual/Print/PolicyManual-Volume12-PartA-Chapter2.html

“Law of the Blood” Principle in which citizenship is determined by parentage rather than by place of birth. The U.S. recognizes children born abroad to American citizens as citizens . http://www.npr.org/sections/thetwo-way/2015/08/18/432707866/3-things-you-should-know-about-birthright-citizenship http://cis.org/birthright-citizenship

To Sum It Up… Law of the Soil – WHERE you are born (must be within the United States or territory/possession) Law of the Blood – WHO you are born to http://www.npr.org/sections/thetwo-way/2015/08/18/432707866/3-things-you-should-know-about-birthright-citizenship http://cis.org/birthright-citizenship S B

Born Within the United States A person born in the United States, a subject to the jurisdiction thereof. S https://www.law.cornell.edu/uscode/text/8/1401 https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html https://www.uscis.gov/policymanual/Print/PolicyManual-Volume12-PartA-Chapter2.html#footnote-6 a person born in the United States, and subject to the jurisdiction thereof – includes Puerto Rico on or after April 11, 1899, Canal Zone or the Republic of Panama on or after February 26, 1904, Virgin Islands on or after January 17, 1917​, Guam born after April 11, 1899​, Commo​nwealth of the Northern Mariana Islands on or after November 4, 1986 Where the person is born.

Born Within the United States A person born in the U.S. to a member of an Indian, Eskimo, Aleutian, or any other aboriginal tribe (as long as citizenship does not impact the person’s status as a citizen of the tribe) https://www.law.cornell.edu/uscode/text/8/1401 a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe:Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property S Where the person is born.

Born Outside the United States A child born outside of the ​United States​ and its outlying possessions acquires citizenship at birth if at the time of birth:​ Both of the child’s parents are U.S. citizens; and​ At least one parent had resided in the United States or one of its outlying possessions prior to the birth of such person.​ https://www.law.cornell.edu/uscode/text/8/1401 https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person U.S. territories are islands under the jurisdiction of the United States which are not States of the United States. U.S. possessions can be divided into two groups: Those that have their own governments and their own tax systems (Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and The Commonwealth of the Northern Mariana Islands), and Those that do not have their own governments and their own tax systems (Midway Island, Wake Island, Palmyra Island, Howland Island, Johnston Island, Baker Island, Kingman Reef, Jarvis Island, and other U.S. islands, cays, and reefs that are not part of any of the fifty states). https://www.irs.gov/individuals/international-taxpayers/persons-employed-in-u-s-possessions B To whom someone is born.

Born Outside the United States A child born outside of the ​United States​ and its outlying possessions acquires citizenship at birth if at the time of birth:​ One parent is a U.S. citizen and the other parent is a national but not a citizen; and​ The ​U.S. citizen parent was physically present in the United States or one of its outlying possessions for a continuous period of at least one year prior to the birth of such person. ​ https://www.law.cornell.edu/uscode/text/8/1401 https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html https://www.uscis.gov/policymanual/Print/PolicyManual-Volume12-PartA-Chapter2.html A person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States; B U.S. Nationals U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. To whom someone is born.

Born Outside the United States, but in a Possession of the U.S. A person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person​ a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person https://www.law.cornell.edu/uscode/text/8/1401 https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html U.S. territories are islands under the jurisdiction of the United States which are not States of the United States. U.S. possessions can be divided into two groups: Those that have their own governments and their own tax systems (Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and The Commonwealth of the Northern Mariana Islands), and Those that do not have their own governments and their own tax systems (Midway Island, Wake Island, Palmyra Island, Howland Island, Johnston Island, Baker Island, Kingman Reef, Jarvis Island, and other U.S. islands, cays, and reefs that are not part of any of the fifty states). https://www.irs.gov/individuals/international-taxpayers/persons-employed-in-u-s-possessions S B Where the person is born. To whom someone is born.

Who is a “Natural Born Citizen”? A person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States S https://www.law.cornell.edu/uscode/text/8/1401 a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States Where the person is born.

Born Outside the United States A child born outside of the ​United States​ and its outlying possessions acquires citizenship at birth if at the time of birth:​ One parent is a foreign national and the other parent is a U.S. citizen; and​ The U.S. citizen parent was physically present in the United States for at least ​5 ​years, including at least ​2 ​years after 14 years of age.​ B https://www.law.cornell.edu/uscode/text/8/1401 https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date 3. Child of U.S. Citizen Parent and Foreign National Parent​ [9] ​ A child born outside of the ​United States​ and its outlying possessions acquires citizenship at birth if at the time of birth:​ •One parent is a foreign national and the other parent is a U.S. citizen; and​ ​ •The U.S. citizen parent was physically present in the United States for at least ​5 ​years, including at least ​2 ​years after 14 years of age.​ Time abroad counts as physical presence in the United States if the time abroad was:​ •As a member of the U.S. armed forces in honorable status;​ ​ •Under the employment of the U.S. government or other qualifying organizations; or​ ​ •As a dependent unmarried son or daughter of such persons.​ To whom someone is born.

Born Outside the United States A person born before noon (EST) on 5/24/1934 outside the limits and jurisdiction of the United States of an alien father and a U.S. citizen mother who has lived in the U.S. B https://www.law.cornell.edu/uscode/text/8/1401 a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. To whom someone is born.

Review - Natural Born Citizenship is based on two “laws”: Parents, or “Law of the Blood” Children born to a parent or parents who are United States Citizens Place of birth, or “Law of the Soil” Children born in the United States or territories/possessions S B

In Your Group Put an “S” for “Soil” next to examples of “Law of the Soil” Put a “B” for “Blood” next to examples of “Law of the Blood” S B

How to become a citizen of the United States Naturalized Citizen

Naturalized Citizens Naturalized citizens are non-citizens who go through legal means of becoming a citizen. In order to become a naturalized U.S. Citizen, you must go through several steps…

Becoming a Citizen of the United States

To Become a Naturalized Citizen… Go over the chart provided to explain the naturalization process. Permanent residents also must establish “continuous residence” in the U.S., meaning they cannot leave the country for trips longer than 6 months. The chart provided is from the United States Center for Immigration Services. There are special considerations for those who serve in the military or served during times of war/conflict.

Those applying to become naturalized citizens must get 6 out of 10 questions correct to pass the civics portion of the exam. Briefly go over the following questions with students to see if they would be able to answer any/all of the questions provided. Could you answer these questions from the Civics portion of the naturalization exam?

What is the supreme law of the land? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

What does the Constitution do? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

Under our Constitution, some powers belong to the federal government Under our Constitution, some powers belong to the federal government. What is one power of the federal government? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

The idea of self-government is in the first three words of the Constitution. What are these words? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

How many amendments does the Constitution have? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

What is the “rule of law”? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

What stops one branch of government from becoming too powerful? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

What does the judicial branch do? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

When was the Constitution written? http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

The Federalist Papers supported the passage of the U. S. Constitution The Federalist Papers supported the passage of the U.S. Constitution. Name one of the writers. http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test

Rights and Responsibilities of Citizens and Obligations (or Duties) Discuss (briefly) the rights, responsibilities, and obligations that citizens of the United States have. The chart provided is from the United States Center for Immigration Services.

Article II, Section 1 of the U.S. Constitution Naturalized Citizens Naturalized citizens can run for the House of Representatives and/or the Senate after specified periods of time in the U.S. Constitution… …but they cannot run for President. Article II, Section 1 of the U.S. Constitution No person except a natural born Citizen, or a Citizen of the United States…shall be eligible to the Office of President… House of Representatives: 7 years a citizen of the United States (Article I, Section 2, Clause 2) Senate: 9 years a Citizen of the United States (Article I, Section 3, Clause 3) Can’t run for President

Write down this question: Should naturalized citizens be permitted to run for President of the United States? NOW… Respond to the question by writing “Yes” or “No” Write down 2-3 reasons why you agree or disagree with this statement.

Agree Disagree What do you think? If you agree with the statement, go: If you disagree with the statement, go: Agree Disagree

Now… Agree: Read your statements. If you are repeating an idea that was already said, only add new ideas. Disagree: LISTEN CAREFULLY to each argument!

Disagree What argument from the “Agree’’ side did you think was the BEST? This does not mean you agree with it, just that it was a good argument. DO NOT make any arguments yet (you will get a turn). Just identify the best argument.

Now… Disagree: Read your statements. If you are repeating an idea that was already said, only add new ideas. Agree: LISTEN CAREFULLY to each argument!

Agree What argument from the “disagree’’ side did you think was the BEST? This does not mean you agree with it, just that it was a good argument. DO NOT make any arguments. Just identify the best argument.

Can you lose your citizenship? Yes. The following voluntary acts may result in loss of citizenship: Becoming naturalized in another country Swearing an oath of allegiance to another country Serving in the armed forces of a nation at war with the U.S., or if you are an officer in that force Working for the government of another nation if doing so required that you become a naturalized or that you swear an oath of allegiance Formally renouncing citizenship at a U.S. consular office Formally renouncing citizenship to the U.S. Attorney General By being convicted of committing treason https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-10446.html