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U.S. Court Rules Citizenship Law Discriminates Against Fathers
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09.07.2015
A federal appellate court ruled Wednesday that an immigration law which treats mothers and fathers unfairly when determining citizenship of their children is unconstitutional.
The 2nd U.S. Circuit Court of Appeals in New York said the statue imposed tougher burdens on fathers.
The law requires unwed fathers who are citizens to spend at least five years living in the United States, before they can confer citizenship of a child born abroad with a parent of another national origin.
For mothers that are citizens, the required time is only one year.
Court appointed lawyers representing, Luis Morales-Santana, who challenged the law stated the disparate treatment violates the equal protection clause of the federal constitution.
His father, an American citizen, fell short of the yearly requirement by 20 days.
Morales-Santana has been in detention for 15 years awaiting deportation from multiple felony convictions.
The 2nd Circuit ruled the lower standard of one year ought apply to males and females, concluded the convicted man is a citizen by birth right.
The 2nd U.S. Circuit Court of Appeals in New York said the statue imposed tougher burdens on fathers.
The law requires unwed fathers who are citizens to spend at least five years living in the United States, before they can confer citizenship of a child born abroad with a parent of another national origin.
For mothers that are citizens, the required time is only one year.
Court appointed lawyers representing, Luis Morales-Santana, who challenged the law stated the disparate treatment violates the equal protection clause of the federal constitution.
His father, an American citizen, fell short of the yearly requirement by 20 days.
Morales-Santana has been in detention for 15 years awaiting deportation from multiple felony convictions.
The 2nd Circuit ruled the lower standard of one year ought apply to males and females, concluded the convicted man is a citizen by birth right.
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