The Ninth Circuit Court of Appeals has made a significant ruling on birthright citizenship. In a recent decision, the court concluded that a man born in New York City in 1950 is not an American citizen. This verdict affirms a long-standing interpretation of the Fourteenth Amendment, which does not automatically confer citizenship to children born in the U.S. to foreign diplomats.
The case centers on Roberto Moncada, who lived as an American for nearly seventy years. His life included holding passports and pledging allegiance. However, the government discovered in 2018 that Moncada’s father served as an attaché at the United Nations, a role that grants full diplomatic immunity. This fact altered the landscape of Moncada’s citizenship claim. The Fourteenth Amendment specifies that only those born “subject to the jurisdiction” of the United States are citizens; thus, children of diplomats are exempt.
The court reviewed various documents, including the State Department’s “Blue List,” which confirmed Moncada’s father’s official title. It determined that he held the status of an attaché at the time of Moncada’s birth. Consequently, Moncada was not born under U.S. jurisdiction, leading to the conclusion that he was not a U.S. citizen after all.
Moncada challenged this ruling in court, but Judge Anthony Johnstone, appointed by the current administration, upheld the government’s position. In his written opinion, Judge Johnstone noted the misinterpretations surrounding Moncada’s father’s status. “The government was wrong all along,” he stated. This ruling came after the Secretary of State produced a certification declaring Moncada’s diplomatic immunity at birth, a document the district court deemed not conclusive.
Despite Moncada’s assertions of his citizenship, the evidence presented by the government proved decisive. The court confirmed that Moncada was never a citizen by birthright due to his father’s diplomatic role. The implications of this ruling may resonate beyond just Moncada, raising questions about how the law addresses citizenship in similar cases involving foreign diplomats in the United States.
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