According to Amendment 51 of the US Constitution

If anyone cared about the rights of Hispanics this would be embarrassing:

In rejecting Saldana’s bid for citizenship, the government sought to apply an old law that cited Article 314 of the Mexican Constitution, which supposedly dealt with legitimizing out-of-wedlock births. But there was a problem: The Mexican Constitution has no such article.

Saldana argued that he automatically became a US citizen at birth because his father was an American.

But because his parents were not married, US authorities claimed he should have been “legitimated” by age 21 in a process they claimed was governed by Mexican law, specifically the phantom Article 314.

But that’s ok, everyone makes a mistake:

The court said the government “relied on provisions of the Mexican Constitution that either never existed or do not say what DHS claims they say.”

That last part refers to the government’s use of a provision of the Mexican Constitution, Article 130, to deny Saldana’s claim in 2004. That article exists, but says nothing like what the government claims.

So it sounds like the US immigration has just been making stuff up and/or they don’t speak Spanish and/or they actually didn’t read the Mexican Constitution. It’s a good thing this hasn’t harmed anyone:

For more than two decades, Sigifredo Saldana Iracheta, 49, insisted he was a US citizen, repeatedly explaining to immigration officials that he was born to an American father and a Mexican mother in a city just south of the Texas border.

The federal government rejected his claims, deporting him at least four times and at one point detaining him for nearly two years as he sought permission to join his wife and three children in South Texas.

It is unclear just how many cases have been affected by the error. The court’s opinion cited four in addition to the original one in 1978, and there are surely others. Immigration cases are not open to the public.

There’s more here.

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