A woman gave birth on an NYC-bound Caribbean Airlines plane this weekend. (Representative image)
Amid the hearing on birthright citizenship, a passenger gave birth during a flight to the US raising a debate over whether this baby is automatically a US citizen. The passenger whose identity has not been revealed was flying from Jamaica to New York City when she went into labor near the US East Coast. No emergency was declared during the flight’s approach to JFK. One air traffic controller joked that the baby should be named Kennedy after JFK.According to reports, a pilot alerted John F Kennedy Airport that they had a situation where a pregnant passenger was going into labor. The air traffic controller asked the pilot whether they would need medical teams on arrival. “Is it out yet?” the controller asked the pilot. “Tell her she’s got to name it Kennedy,” the controller said. Caribbean Airlines confirmed the incident and said the crew managed the situation according to established procedures. “The airline commends the professionalism and measured response of its crew, who managed the situation in accordance with established procedures, ensuring the safety and comfort of all onboard,” the airline said. Immigration lawyer Brad Bernstein said it was a unique and rare case and every minute will count. “If the baby was born in US airspace, then under the 14th Amendment and State Department Regulations, that child is automatically a US citizen. But if the baby was born even a few minutes earlier, outside the United States airspace, not a US citizen. Same flight, same parents, completely different outcome,” Bernstein said.”A Caribbean Airlines plane doesn’t make the baby a Caribbean national, whatever country that airline is from. And here’s where it even gets crazier. If that birth happens over international waters and the parents’ country doesn’t automatically pass citizenship to that child, that baby could actually be stateless. No country, no passport, nothing,” he said. Another twist in the case, Bernstein said, is that even if the baby is born in the air, the birth certificate is supposed to be issued in the place where the plane lands, which is NYC.Births during flights are rare as airlines do not allow pregnant women to fly after a certain period. Only 74 babies born on planes between 1929 and 2018, according to the US National Library of Medicine. Caribbean Airlines reportedly allows pregnant passengers to travel without medical clearance until the 32nd week, and bans flying after the 35th week.
