The Catch-22 of U.S. citizenship law

*What a story! A Latina is trying to prove that she’s an American citizen through a clause in the law called derivative citizenship – it means that if either of your parents are American citizens, you are too. It’s the same clause that Senators Ted Cruz and John McCain use to claim they are citizens. But in this case, she needs to enter the country to prove she’s a citizen but they won’t let her in because she’s not. VL

By Sasha von Oldershausen, Big Bend Now

PRESIDIO – Refujia Roman-Chavez can’t get out of the car. Due to a hip injury that requires an implant, she waits in the passenger seat with the door ajar, while her sister and niece stand outside to greet us.

They wait in the parking lot on the Mexican side of the Presidio-Ojinaga international Port of Entry as Jeanne Morales, an immigration attorney who represents Roman-Chavez, andThe Big Bend Sentinel/ The International cross the border stateside to meet them.

This is the second time within the span of a month that they have made the trip with no success of crossing over into The United States.

According to Chavez’s attorney, a customs agent refused to issue Chavez a “parole entry” – that is, the privilege of a one-time entry into the United States for a specific purpose. In Chavez’s case, the purpose of her trip was to file the paperwork proving she is, in fact, a natural-born American citizen. By refusing to grant Chavez parole, the customs agent might have denied Chavez her constitutional right to enter the country.

Roman-Chavez’s claim to American citizenship is through her mother, a clause within U.S. Citizenship law known as derivative citizenship.

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