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Anchors Away
GOPUSA ^ | May 11, 2005 | Jon E. Dougherty

Posted on 05/11/2005 12:11:39 PM PDT by Tolerance Sucks Rocks

Most Americans realize our nation's immigration policies are flawed in favor of illegal aliens, but not everyone knows there is a provision of U.S. law being abused every year by thousands of migrant parents -- all on the up-and-up.

I'm talking about a constitutional provision granting automatic citizenship to any child born in the U.S., even if its mother sneaks in the country illegally.

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," says the first sentence of the Fourteenth Amendment.

Written and passed in the immediate aftermath of the Civil War, the law's intent was to prevent states from denying citizenship to newly freed blacks. It definitely was not written as a welcome mat for the children of illegal migrants, as one of its authors explained.

Sen. Jacob Howard, co-author of the citizenship clause of the Amendment, declared in 1866:

"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."

Yet today, U.S. courts and policymakers have re-interpreted the provision to mean any child born in the U.S. becomes an instant citizen, regardless of how its mother gets here. And needless to say, the law is being badly abused.

What's more, when these so-called "anchor babies" turn 21, they can then sponsor other family members, thereby creating a separate phenomenon known as "chain migration." Millions of immigrants have been able to gain legal access to the U.S. using this method.

"Each year, thousands of women enter the United States illegally, knowing that if they can give birth to their child on American soil, the child will thus have U.S. citizenship," says an analysis of the problem by the Federation for American Immigration Reform, or FAIR.

"Their children immediately qualify for a slew of federal, state, and local benefit programs," says the analysis. FAIR believes there are upwards of 300,000 children born to illegal aliens in the U.S. annually.

Such liberal immigration policy is nearly unprecedented in the world. But other nations that had similar laws -- and similar problems -- have addressed them.

"The United States is unusual in its offer of citizenship to anyone born on its soil. Only a few European countries still grant automatic citizenship at birth. The United Kingdom and Australia repealed their U.S.-style policies in the 1980s after witnessing abuses similar to those plaguing the U.S. today," FAIR says.

There are very real consequences to this abuse. Besides making a mockery of U.S. immigration law, substantial health and financial hardships are foisted on American communities and taxpayers.

"...The increasing number of illegal aliens coming into the United States is forcing the closure of hospitals, spreading previously vanquished diseases and threatening to destroy America's prized health-care system," reported WorldNetDaily, in a March 13 story.

Madeleine Pelner Cosman, writing in the Spring 2005 issue of the Journal of American Physicians and Surgeons, says according to her research, 84 California hospitals have been forced to close because they were made to care for rising numbers of illegal aliens, then were never reimbursed for providing that care. She, too, notes that each anchor baby qualifies "instantly" for "welfare benefits" under U.S. law.

A bill currently languishing in the House will correct this injustice. Called the Citizenship Reform Act of 2005 and introduced by Rep. Nathan Deal, R-GA., it would "amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens," according to a bill summary. The bill has 26 co-sponsors.

That's the good news. The bad news is this legislation has been around since at least 2003. Meanwhile, scores more U.S. hospitals have closed and millions more in taxpayer dollars have been spent caring and providing for anchor babies and their families.

No one is suggesting expectant illegal alien mothers be thrown out on the street. But until the automatic citizenship provision enshrined in U.S. law is removed, what incentive do illegals have for remaining in their home countries to have their children?

There is a lot wrong with our nation's immigration system, but this particular problem is one of the easiest to fix.

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Jon E. Dougherty is author of "Illegals: The Imminent Threat Posed by our Unsecured U.S.-Mexico Border," and founder of the geopolitical daily Voices Magazine.

--------------------

Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA.


TOPICS: Constitution/Conservatism; Editorial; Foreign Affairs; News/Current Events
KEYWORDS: aliens; anchorbabies; borderjumpers; citizenship; constitution; illegalaliens; immigration
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It's about time this citizenship provision was changed. Children of illegal aliens should be considered illegal aliens.
1 posted on 05/11/2005 12:11:40 PM PDT by Tolerance Sucks Rocks
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To: abner; Abundy; AGreatPer; alisasny; AlwaysFree; AnnaSASsyFR; Angelwood; aristeides; Askel5; ...

PING!


2 posted on 05/11/2005 12:13:21 PM PDT by Tolerance Sucks Rocks (Deport them all; let Fox sort them out.)
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To: Tolerance Sucks Rocks

Yep, agree with you. Time for citizenship laws to be changed BIG TIME.


3 posted on 05/11/2005 12:15:02 PM PDT by lilylangtree (Veni, Vidi, Vici)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3rdcanyon; 4.1O dana super trac pak; 4Freedom; ...
Click to see other threads related to illegal aliens in America
Click to FR-mail me for addition or removal

Ah-nold and Hillary are both right, regardless of whether either intends to actually do anything...

Secure the Borders. No ifs, ands, or buts. The taxpaying employers got out and showed the employees - the Border Patrol - how we expect the job to be done. Now we expect them to actually do it.

Very simple, just like I always told my kids - "All I expect of you is to do what I tell you to do, when I tell you to do it.

4 posted on 05/11/2005 12:15:20 PM PDT by HiJinx (~ www.ProudPatriots.org ~ Operation 4th of July ~)
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To: Tolerance Sucks Rocks

A while back, I read that someone was trying to get the law changed that these children would not be citizens if they were born to illegal parents. I guess it did not go very far.


5 posted on 05/11/2005 12:15:24 PM PDT by Jersey Republican Biker Chick (People too weak to follow their own dreams, will always find a way to discourage yours.)
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To: Jersey Republican Biker Chick
From the article:

A bill currently languishing in the House will correct this injustice. Called the Citizenship Reform Act of 2005 and introduced by Rep. Nathan Deal, R-GA., it would "amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens," according to a bill summary. The bill has 26 co-sponsors.

That's the good news. The bad news is this legislation has been around since at least 2003.

Apparently there is an effort to change the citizenship rules, it just doesn't garner much support.

6 posted on 05/11/2005 12:19:28 PM PDT by Tolerance Sucks Rocks (Deport them all; let Fox sort them out.)
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To: Tolerance Sucks Rocks

Really a "no-brainer".


7 posted on 05/11/2005 12:19:53 PM PDT by kimosabe31
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To: Tolerance Sucks Rocks

We also have an interest in not allowing the development of an extra-legal class of slaves.


8 posted on 05/11/2005 12:20:16 PM PDT by muawiyah
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To: Tolerance Sucks Rocks
Anchors Away Aweigh

"Yet today, U.S. courts and policymakers have re-interpreted the provision to mean any child born in the U.S. becomes an instant citizen, regardless of how its mother gets here. And needless to say, the law is being badly abused."

Does anyone know when this reinterpretation took place?
9 posted on 05/11/2005 12:23:56 PM PDT by Jaysun (No matter how hot she is, some man, somewhere, is tired of her sh*t)
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To: HiJinx

Protect our borders and coastlines from all foreign invaders!

Be Ever Vigilant!

Minutemen Patriots ~ Bump!


10 posted on 05/11/2005 12:24:25 PM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: Tolerance Sucks Rocks
Apparently there is an effort to change the citizenship rules, it just doesn't garner much support.

Contact the usual suspects via free fax regarding the anchor baby issue and other issues regarding illegal immigration. The more they hear from us, the better.

www.numbersusa.com

11 posted on 05/11/2005 1:01:22 PM PDT by janetgreen (Minuteman Project = American Patriotism)
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To: Tolerance Sucks Rocks
It's the border, stupid.

Some one has to make sure the leadership of the Republicans know this.

12 posted on 05/11/2005 1:06:51 PM PDT by NEBUCHADNEZZAR1961
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To: lilylangtree

How can the newborn become a citizen when the law is being violated at the time of birth. Break the law and the reward is U.S. citizenship?


13 posted on 05/11/2005 1:53:01 PM PDT by Orange1998
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Comment #14 Removed by Moderator

Comment #15 Removed by Moderator

To: MeekOneGOP; Grampa Dave; Fiddlstix; SheLion

Ping


16 posted on 05/11/2005 1:59:15 PM PDT by EdReform (Free Republic - helping to keep our country a free republic. Thank you for your financial support!)
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To: The100thMonkey

Welcome to Free Republic!


17 posted on 05/11/2005 2:06:23 PM PDT by EdReform (Free Republic - helping to keep our country a free republic. Thank you for your financial support!)
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To: gubamyster

Ping


18 posted on 05/11/2005 2:07:42 PM PDT by EdReform (Free Republic - helping to keep our country a free republic. Thank you for your financial support!)
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To: Tolerance Sucks Rocks

19 posted on 05/11/2005 2:11:38 PM PDT by embedded_rebel
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To: Tolerance Sucks Rocks; The Grammarian

Isn't that "Anchors Aweigh?"


20 posted on 05/11/2005 2:17:39 PM PDT by xzins (Retired Army Chaplain and Proud of It!)
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