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June 29, 2016

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Top US court to hear gender inequity case

Source: Agencies | June 29, 2016, Wednesday | Print Edition

THE Supreme Court yesterday agreed to decide whether gender inequity in US immigration law over granting citizenship to children born abroad to unwed American-citizen parents — favoring mothers over fathers — violates the US Constitution.

The case involves a convicted felon from the Dominican Republic named Luis Morales-Santana, who was denied US citizenship even though his father was a citizen. It marks the second time the high court has taken up the issue. In 2011, it split 4-4 in a similar case, leaving the matter unresolved.

In July 2015, the 2nd US Circuit Court of Appeals in New York sided with Morales-Santana and struck down the law at issue, saying it applied “impermissible stereotyping” in imposing a tougher burden on fathers.

The law requires unwed fathers who are US citizens to spend at least five years living in the US — a 2012 amendment reduced it from 10 years — before they can confer citizenship to a child born abroad, out of wedlock and to a partner who is not a US citizen.

For unwed US mothers in the same situation, the requirement is one year.

Morales-Santana, 54, was convicted of several offenses in 1995, including two counts of robbery and four counts of attempted murder. The US government has sought to deport him since 2000.

Morales-Santana’s deceased father was a US citizen, while his mother was not. His father failed to meet the law’s requirements by 20 days, according to Morales-Santana. He has lived legally in the US since 1975.

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