Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the conflicting interpretations of U.S. nationality law under the Immigration and Nationality Act (INA), particularly focusing on whether citizenship transmission requires a blood relationship or can be based on the legal status of the parents' marriage. It argues that the Ninth Circuit's interpretation, which does not require a blood relationship for children born in wedlock, better aligns with the INA's goals of promoting family unity and avoiding gender-based discrimination. The note critiques the State Department's interpretation, as outlined in the Foreign Affairs Manual (FAM), for lacking statutory and judicial support, and highlights the need for congressional or judicial intervention to resolve the jurisdictional split and ensure consistent application of citizenship laws.
Disciplines
Constitutional Law | Fourteenth Amendment | Immigration Law | Law | Sexuality and the Law
Recommended Citation
Logan Bobo,
Wedlock, Blood Relationship, and Citizenship,
14
Cardozo J. Equal Rts. & Soc. Just.
351
(2008).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol14/iss2/4
Included in
Constitutional Law Commons, Fourteenth Amendment Commons, Immigration Law Commons, Sexuality and the Law Commons