U.S. Citizenship on Guam: Understanding the Complexities of Birthright Citizenship

Many may wonder whether being born on a U.S. military base in Guam grants one the right to citizenship in Guam or the United States. This article delves into the intricacies of birthright citizenship on Guam and the broader implications for U.S. citizens residing there.

Understanding Birthright Citizenship on Guam

If you are born on a U.S. military base in Guam, you are considered a U.S. citizen. Guam, an unincorporated territory of the United States, follows the same principles as the 50 states in granting citizenship to individuals born within its borders. Therefore, birth on a military base in Guam qualifies one for U.S. citizenship.

It is important to know that Guam, like other U.S. territories, is subject to U.S. citizenship laws. Thus, if you are born on Guam, on or off base, you are a U.S. citizen by birth. Additionally, you are also a Guamanian since every American is a citizen of one and only one state or one U.S. territory.

Military Parents and State Citizenship

For children born to serving military parents, a stronger argument could be made that they are citizens of the state or territory from which their parents derive citizenship. In the U.S., serving military personnel and their spouses are explicitly allowed to maintain their state or territorial citizenship until they retire or separate from active duty.

This policy is intended to protect military families from the hassles of changing driver's licenses, IDs, voter registration, car registration, and state taxation. However, once a servicemember retires or separates from active duty, they are subject to the laws of the state or territory in which they are domiciled.

From Military Base to State/Territory Citizenship

Each state/territory has specific rules regarding citizenship for individuals who move into their jurisdiction. If a person moves to Guam or any other U.S. territory, they have a short time to decide whether to remain as a permanent resident. Depending on the state/territory, this decision typically determines whether the individual becomes a citizen.

For example, some states offer significant benefits to military children, including in-state tuition and scholarships. Other states may have minimal benefits or none at all. The complexity of determining state citizenship can impact families, especially those with military members who are stationed in multiple locations.

Children born on a U.S. military base in Guam may initially qualify as Guamanian citizens, as well as American citizens. However, once their parents leave the military and move off the base, the child would be subject to the laws of Guam regarding citizenship. If they remain in Guam long enough, they would become Guamanian by citizenship. If they move to another state/territory, their state/territorial citizenship would change accordingly.

Frequently Asked Questions (FAQs)

Q: Can a child born on Guam's military base return to Guam and retain Guamanian citizenship if their parents moved away? A: Yes, a child born on a U.S. military base in Guam would initially qualify for both Guamanian and American citizenship. Even if their parents moved away, their original Guamanian birth certificate would still hold true. However, the child's state/territorial citizenship could change depending on their new jurisdictional status. Q: What benefits might a person born on Guam's military base receive as a U.S. citizen? A: As a U.S. citizen, a person born on a military base in Guam would have access to all the benefits and protections afforded by the U.S. Constitution, although certain state-specific benefits may vary. Some states may offer in-state tuition and scholarships for military children, while others might not provide such incentives. Q: How does U.S. law differentiate between U.S. citizenship and state/territorial citizenship? A: U.S. citizenship can follow an individual regardless of their state or territory of residence. However, state/territorial citizenship can change as frequently as a person relocates. While a U.S. citizen's citizenship status is fixed, state/territorial citizenship can change based on residency requirements.

In conclusion, while being born on a U.S. military base in Guam grants U.S. citizenship, the landscape of state/territorial citizenship remains complex and can vary based on a person's physical location and residency. Understanding these nuances is crucial for individuals and their families as they navigate the diverse legal landscapes of the U.S.