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Baby born on jet just before O'Hare landing (anchor baby or not?)
chi sun-times ^ | December 8, 2006 | ESTHER J. CEPEDA Staff Reporter

Posted on 12/08/2006 7:28:47 PM PST by dennisw

Despite being trapped in a cramped airplane thousands of feet in the air, a pregnant Mexican woman en route to Chicago found herself in the right place at the right time -- giving birth to a healthy baby girl with the help of a fellow passenger. The 42-year-old woman gave birth to a 7-pound, 8-ounce girl approximately a half hour before the plane touched down at O'Hare just before midnight Wednesday, said Eve Rodriguez, Chicago Fire Department assistant director of media affairs.

Baby 'alert, looking around' The woman, a Mexican citizen, was on a Mexicana Airlines flight from Guadalajara when she went into labor. "I was kind of surprised how calm everyone was," said Lori Perez who, along with fellow paramedic Enoch Benson of O'Hare's Rescue Station 3, boarded the plane to take mother and baby to Resurrection Medical Center.

"Mom was in good spirits, she said there was a doctor on board and that she wasn't in a lot of pain."

Perez said that although she didn't catch the obstetrician's name, his handiwork was good.

"The baby girl was not really crying; she was alert and looking around," Perez said.

Airspace matters Mexicana Airlines officials did not return calls to explain whether the woman had presented a doctor's authorization to fly six months or more into a pregnancy, as its own rules require. Whether the baby girl is the United States' newest citizen remains to be seen, according to Maria Elena Garcia-Upson, U.S. Citizenship and Immigration Services spokeswoman.

An immigration law provision makes a child born in airspace over U.S. territory eligible for citizenship.

But if the parents decide to file an application, officials will investigate whether the child was born in Mexican air-space or over international waters.

"The parents can go ahead and pursue citizenship for the child if they so wish," said Garcia-Upson.

"But we don't decide on cases like this in a public forum. Facts need to be determined first."


TOPICS: Culture/Society; Foreign Affairs; News/Current Events
KEYWORDS: aliens; anchorbaby; immigrantlist; immigration
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To: doc1019
The Constitution seems pretty clear: 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. Child was born while within territorial bounds of the US.

The plane was the national carrier of Mexico and subject to Mexican regulations. Neither the baby nor the parents were "resident" in any U.S. state (a requirement of the 14th Amendment) at the time of birth.

41 posted on 12/08/2006 8:27:02 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: Kozak

I don't know, I wouldn't mind 20 million Brits as long as they weren't socialists.


42 posted on 12/08/2006 8:27:25 PM PST by cajungirl (no)
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To: org.whodat
Sight the case law please.

While not case law, the State Dept's opinion is contained in "7 FAM 1116.1-3 Airspace". Note that it does not cite previous case law, but simply states that it is "obvious" without any supporting documentation.

43 posted on 12/08/2006 8:31:06 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: Ciexyz

Yes they did that to my hubby a long time ago. He was going to jamaica and they asked if a doc was on board. Some woman was having a panic attack! He had to sit next to her the rest of the flight!


44 posted on 12/08/2006 8:31:56 PM PST by pitinkie (revenge will be sweet)
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To: FreedomCalls

However the plane was over US territory when she was born … first breathed … therefore, the first breath was in the US.


45 posted on 12/08/2006 8:33:18 PM PST by doc1019
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To: cajungirl

Yeah if they came univited, jammed up the ER's, worked under the table, created a social services crisis in many areas, jammed the prisons, most of us would feel the same way about them as we would any other illegals.


46 posted on 12/08/2006 8:35:51 PM PST by Kozak (Anti Shahada: " There is no God named Allah, and Muhammed is his False Prophet")
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To: doc1019
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.

Wrong as already pointed out on prior thread. I thought you had some updated argument. Instead I find it was just hot air.

47 posted on 12/08/2006 8:37:32 PM PST by org.whodat (Never let the facts get in the way of a good assumption.)
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To: Kozak

I guess so. But at least they wouldn't be bombing us, threatening us and cluttering up our gyms and public places praying incessantly.

Besides I can't see the Brits doing that.


48 posted on 12/08/2006 8:39:08 PM PST by cajungirl (no)
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To: cajungirl

For those that don't believe the SUBJECT TO THE JURUSDICTION OF part eliminates visiting foreigners...I have heard many times that the author of that particular piece of law spelled out just that..in other writings ...
it guarantees citizens children will automatically be citizens..


49 posted on 12/08/2006 8:40:06 PM PST by uncle fenders
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To: cajungirl
"a baby was born, healthy and safe.

You would think this "pro life" board would rejoice.

But snideness is the order of the day whenever it is a Mexican baby."

That's an amazingly cheap shot at a belief that has nothing to do with this subject. Someone grinding an axe here? I can demagogue too.

The baby had a much better chance being born on the ground in Mexico. This mother deliberately risked the life of her baby and herself.

This time it worked out O.K. What about next time?

She should be prosecuted and the baby placed in foster care. How about that for caring about the living regardless of their national origin?
50 posted on 12/08/2006 8:40:18 PM PST by outdriving (Diversity is a nice place to visit, but I wouldn't want to live there.)
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To: dennisw
If the aircraft has Mexican registry, it is sovereign territory of Mexico. She was on Mexican soil at the time of the birth. No anchor baby here. It's obvious that is the stunt she was trying to attempt.
51 posted on 12/08/2006 8:40:58 PM PST by Myrddin
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To: pitinkie

Kudos to your hubby for being available to aid unwell passengers at a time of emergency.


52 posted on 12/08/2006 8:41:13 PM PST by Ciexyz (Satisfied owner of a 2007 Toyota Corolla.)
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To: org.whodat

Please ... cite case law.


53 posted on 12/08/2006 8:42:24 PM PST by doc1019
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To: outdriving

Prosecuted and the baby placed in foster care???

You criticize me for cheap shots. But man, you would obliterate this woman and her child because you think she was "reckless".

This woman, Mexican or whatever, is not the first and won't be the last to have a baby on an airplane.

But nobody pauses to think, "how wonderful", the baby is fine. They move right along to their usual accusations and suspicions. Because she was a Mexican, because she had a baby on our soil {arguably}. An automatic assumption that trumps any other thought. Without reflection.

And in your case, without any mercy. Put the baby in foster care/prosecute her. YOu are a piece of work.


54 posted on 12/08/2006 8:45:28 PM PST by cajungirl (no)
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To: FreedomCalls

Yup. And thats why international airports are "Ports of Entry". That's why there are "international" zones at airports, seaports, etc where you pay no tax.

A person is not "in the United States" until they have cleared the Port of Entry.


55 posted on 12/08/2006 8:45:33 PM PST by djf (They have their place. We have our place. WAKE UP!! They want to turn our place into their place!!!)
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To: doc1019
Child was born while within territorial bounds of the US.

The Mexican airliner is Mexican soil. She was in Mexico when the baby was born. She was not on U.S. soil or even legally admitted to visit the country at the time of the birth.

56 posted on 12/08/2006 8:45:34 PM PST by Myrddin
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To: Ciexyz

In the old days when travel agents booked flights, most would register the name under "Dr.", and it could be picked out of a flight manifest, or whatever they call the passenger list. The flight attendant could them go to them and ask whether they could help. I suppose it could work the same buying tix on this thing they call the "Internet"....


57 posted on 12/08/2006 8:45:41 PM PST by GnuHere
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To: GnuHere

Aside from the fact that your local dog catcher could buy a ticket entitled "Dr. Joe Schmoe".


58 posted on 12/08/2006 8:48:46 PM PST by GnuHere
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To: cajungirl
Besides I can't see the Brits doing that.

Remember Mexico has dumped the bottom 10% of it's population on us. If Britain tossed us the poorest 10% of their population, it wouldn't look much different.
59 posted on 12/08/2006 8:49:12 PM PST by Kozak (Anti Shahada: " There is no God named Allah, and Muhammed is his False Prophet")
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To: doc1019

Were the airplane's windows rolled down? I would imagine that all the air inside the cabin was Mexican air.


60 posted on 12/08/2006 8:51:27 PM PST by Verginius Rufus
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