Because of the current political climate, I felt compelled to share my story, which intertwines birthright citizenship and the Panama Canal Zone.  However, it also involves the Immigration and Nationality Act of June 1952, which protected the births of U.S. citizens in the Panama Canal Zone.  This seems illogical and incorrect since we were born as United States citizens!

It is widely known that the Carter-Torrijos Treaty eliminated the Canal Zone on October 1, 1979.  However, most people are unaware that the Treaty also revoked the U.S. citizenship of thousands of military dependents born in the Canal Zone before that date, including myself and the late Senator John McCain.

I was born at Howard Air Force Base in the Panama Canal Zone in 1965.  At the time, my father was an active-duty U.S. Army officer.  Both my parents are U.S. citizens.

The relevant section of the Treaty is Section 8 FAM 302.7-1, which states, "Section 8 FAM 302.7-1 a.  The Panama Canal Treaty (TIAS 10030) transferred jurisdiction over the Canal Zone to Panama, effective October 1, 1979.  As of that date, the Canal Zone ceased to exist as a separate and distinct geographical entity, making inoperative section 303(a) of the Immigration and Nationality Act (I.N.A.)." 

Section 303(a) of I.N.A., established on June 27, 1952, states, "Section 303(a) that any person born in the Canal Zone on or after February 26, 1904, whose parent(s) were a U.S. Citizen at the time of their birth, is considered a U.S. citizen by birth; essentially granting citizenship to individuals born in the Panama Canal Zone to American parents."  

The Carter Administration's failure to "grandfather" U.S. citizenship for U.S. military dependents born in the Canal Zone in the Treaty has resulted in my certified birth certificates (and those of at least 1280 other dependents, an immigration attorney informed me of) being marked with a Notice declaring, "NOTICE: This document alone is not proof of United States citizenship. . ." This is a blatant injustice!

It is also well-known that the late Senator John McCain was born in the Panama Canal Zone.  However, it is often mistakenly claimed that he never had any issues with his U.S. citizenship.  Although he was born at Coco Solo Naval Air Station, births at the naval base were processed as occurring in international waters, which follows a different procedure than the remaining military branches. 

Here's another interesting fact about Senator McCain's citizenship.  While serving as Senators, Hillary Clinton and Barack Obama co-sponsored the "McCain Citizenship Bill" along with Democratic Senator Claire McCaskill.  This bill was required for Senator McCain as it classified him as a "natural born citizen," allowing him to run for president since the Carter-Torrijos Treaty had revoked his U.S. citizenship due to his birth in the Panama Canal Zone.  The bill, known as S. Res 511, states explicitly: "Resolved, That John Sidney McCain, III, is a 'natural born Citizen' under Article II, Section 1, of the Constitution of the United States." Here is a link regarding S. Res 511.

http://www.politicsdaily.com/2008/05/01/clinton-obama-sponsor-mccain-citizenship-bill/

While I am pleased that Senator McCain could have his citizenship reinstated, it's hard to understand why neither he nor Ms. Clinton, Mr. Obama, or Ms. McCaskill addressed the citizenship status of all military dependents born in the Panama Canal Zone before October 1, 1979.  Thousands of us need to be recognized as "natural-born citizens."

Last August, I learned from the U.S. Citizenship and Immigration Services (U.S.C.I.S.) that, because of the above, my future Social Security benefits, which I have paid into my entire working life, are in jeopardy unless I go through the naturalization process.  This situation has forced me to hire an immigration attorney, which has been expensive, and as a United States citizen, I should not have to face such an ordeal!

The Department of State—Consular Affairs must take immediate action to restore our citizenship through the following amendments:

1.  Draft a "Dependants Born in the Panama Canal Zone Before October 1, 1979 Citizenship Bill" to restore our rightful U.S. citizenship, following the precedent set by S. Res. 511, the "McCain Citizenship Bill," which successfully reinstated the citizenship of the late Senator John McCain. 

2.  Amend Section 8 FAM 302.7-1 of the Carter-Torrijos Treaty to "grandfather" U.S. military dependents born on a military base in the Canal Zone before October 1, 1979.

3.  Allow dependents born before October 1, 1979, to apply for and receive a Consular Report of Birth Abroad (CRBA) from the Embassy in Panama.  Current law only allows for a CRBA to be issued to individuals under the age of eighteen.  Given the uniqueness of our situation, this option should be extended to all individuals born before October 1, 1979.  A CRBA would replace our certified birth certificates marked with the referenced Notice.  

4. Amend the Immigration and Nationality Act Section 303(a) (8 U.S.C. 1403). The I.N.A. of 1952 requires an alien to apply for a petition for naturalization.  It must exclude military dependents from the alien classification.  We are not immigrants seeking U.S. citizenship - WE ARE United States Citizens, and our births should be handled like all other military dependents born on a military base.  

5.  The Notice currently affixed to our certified birth certificates must be eliminated, and new documents must be issued without this undeserved designation.

While I am in favor of the principle of birthright citizenship, I firmly believe it is essential for our government to address the historical injustices experienced by individuals like myself, who were born in the Panama Canal Zone on a U.S. military base to American citizens before October 1, 1979.  We are proud Americans, born to military veterans who bravely served and fought for the freedoms and values of our great nation!

It is long overdue for our government to take responsibility and amend these glaring oversights, which can ​have a tremendous impact on my and others' futures!

Respectfully,

Gigi Villarreal

San Antonio, Texas

HumanKind. . . be both!