Gender Discrimination Law Upheld by Supreme Court
The court dismissed Mexican-born Ruben Flores-Villar’s challenge of the citizenship law.
Currently, children born overseas who have one U.S.-citizen parent can obtain U.S. citizenship if the citizen parent had been physically present in the U.S. for a certain period of time before the child’s birth, according to the Supreme Court’s blog.
If the citizen parent is the father, the period is five years; if it is the mother, the period is one year.
So it is much easier for mothers to pass on citizenship to their children than for fathers.
Flores-Villar, 36, was born in Mexico to an American father and a Mexican mother. If his parents’ nationalities were reversed, Flores-Villar would be a citizen.
This issue was brought to the court’s attention when Flores-Villar was charged with being in the U.S. illegally. He claims he is a U.S. citizen, as he would already be if his mother had been a U.S. citizen rather than his father.
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