He's Not Your Real Dad: In United States v. Flores-Villar, the Ninth Circuit Erroneously Denied Equal Protection That Would Enable a Father to Transmit United States Citizenship to His Foreign-Born Child
INTRODUCTION|The Nationality Act of 1940 (the "1940 Act") was a joint attempt by Congress and the Franklin Roosevelt Administration to revise and compile the citizenship statutes of the United States into a unified, comprehensive code of law. In addition to the scattered nature of U.S. nationality statutes prior to its enactment, one of the contributing factors to the development of the 1940 Act was the lack of statutory provisions concerning the nationality of inhabitants of U.S. outlying possessions. Furthermore, the large number of foreign nationals giving birth on U.S. soil and then taking those children back to their home countries, as well as similar cases of American nationals who gave birth abroad, increased the likelihood of dual-nationality children. Finally, citizenship status was not always clear for those born in unincorporated territories or for those born abroad to American nationals, neither of whose citizenship was governed by the Fourteenth Amendment. The 1940 Act, most prominently section 201(g), proposed a variety of solutions to these problems...
45 Creighton L. Rev. 581 (2011-2012)
Creighton University School of Law