This is quite interesting and would tie into the whole abortion issue.
Deported mother argues her fetus is U.S. citizen
By Laura Wides
The Associated Press
LOS ANGELES — A deported Mexican woman who is eight months pregnant is
seeking to return to the United States to protect the unborn baby's
health, arguing that under federal law the fetus is a viable human
being and thus may be eligible for citizenship.
That argument sounds like a longshot to some on both sides of the
immigration debate. But in May, a federal judge in Kansas City, Mo.,
approved a stay of deportation for a pregnant Mexican woman after
raising, among other concerns, the question of whether her fetus could
be considered a U.S. citizen. The judge is reviewing the issue.
Last week immigration officials in Los Angeles denied a request to
grant 30-year-old Maria Christina Rubio, mother of two young U.S.-born
daughters, a temporary humanitarian visa to return to the United
States because of complications in her pregnancy. The request was
filed by her husband's attorney, Luis Carrillo, who is considering
whether to file a lawsuit against Immigration and Customs Enforcement
for unlawful deportation.
Carrillo said Rubio, who was hospitalized with complications in her
fifth month and has suffered severe stomach pains throughout her
pregnancy, needs to be back in the United States because the baby is
He also cited the Unborn Victims of Violence Act of 2004, in which
unborn children are granted equal protection under criminal law.
Carrillo said that since the fetus is 8 months and would be viable
outside the womb, it should be treated as a child born in the United
"The child was conceived in the United States and would have been born
in the United States except that the mother was deported. Through no
part of his own, the unborn baby is in Mexico," he said.
Virginia Kice, a spokeswoman for Immigration and Customs Enforcement,
said the U.S. Constitution's definition of citizen is very clear.
"All persons born or naturalized in the United States" are considered
citizens under the 14th Amendment. "It doesn't say all persons who
were conceived in the United States," Kice said.
Rubio was deported after she went to what her husband says was to be a
status conference on her residency request. Immigration officials say
Rubio was immediately deported after they learned her residency
request had been denied two years before and she had previously
entered the country illegally.