Baby born on jet just before O'Hare landing (anchor baby or not?)

chi sun-times ^ | December 8, 2006 | ESTHER J. CEPEDA Staff Reporter

[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."

[ByteMercenary]

Shouldn't that be 'cite the case law ...'?

Not trying to pick a fight; just wonderin' ...

[pitinkie]

He is a great guy and Doc. He said it was a miserable flight tho..the woman smelled really bad!

[BfloGuy]

We would if 20 million British invaded the US.

But Gwyneth Paltrow would be ecstatic.

[doc1019]

Ah yes, the old “constitution is hot air” scenario.

[doc1019]

I’m not a betting man, but if I were, I would place my money on the child being declared a US citizen … and it will be based on the constitution.

[WatchingInAmazement]

You know what? It isn't the fault of posters here that over half of the illegal entrants and jackpot baby deliverers are Mexican. Talk to Mexico and George Bush about that if you have a problem and stop the race baiting. It's pathetic and dishonest.

[WatchingInAmazement]

"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."

Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, 1866.

[cajungirl]

No that is not the fault of posters.

I have made no comments on citizenship here although others seem to think I have.

It is the fault of posters that this woman, for all we know traveling as many people in this country do, has been called,,well you can read the thread. And it was a knee jerk reaction from early on in the thread.

We do not know her cicrcumstances. We do not know why she was on that plane. We do not know when her baby was due. We do not know who she was coming to see.

If she just wanted to get here to have a baby, why take a plane to Chicago. Why not just drive across the border like the rest.

It is indeed racist to assume that all Mexicans are just sleezily trying to get into this country.

The truth is that, while inconceivable to many here, most Mexicans love their homes, families and have no desire to be American citizens.

[cajungirl]

REad my posts. I have never made a comment about citizenship. I posted that it was sad that people here didn't even stop to say it was a good thing the baby and Mother were okay.

Everyone assumed things about that. I was commenting on the hardheartedness of people here.

[Arthalion]

Wow, so many of the people in this thread are willing to criticize this woman without thinking. Let's examine a few facts here.

1) This woman was on an airliner travelling to a US International Airport. This tells us that she had a passport and a visa. How many illegal aliens have passports and visas? Hmmm? You're all so quick to assume that she's an illegal, when there is absolutely NOTHING in the article to indicate that.

2) The fact that she was on an airliner, completing an international flight, also tells us something else...she has money. Mexicans who sneak across the border typically don't have the cash to buy a plane ticket to Chicago, and Mexican's who DO have that kind of money really aren't coming here anyway. It's the Mexican poor who are flooding into the US, not the middle and upper classes of Mexican society who are quite comfortable where they're at.

The only facts we have here are that a Mexican woman gave birth over US airspace and that the child may have claim to US citizenship. There is no indication that the mother actually intends to pursue that citizenship, or that she has any desire to come into the US permanently. For all we know, she may have been coming to see a pediatric specialist (lots of foregners come here for medical attention) or simply to visit a relative who lives in the US.

[longtermmemmory]

NOT an anchor baby under the immigration reform act of the 1996 or 94.

They child goes back with the parents when the visa expires. IF (big if) the child has a valid claim to citizenship, it can return when it reaches 18.

[nascarnation]

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

I'm sure his name will be on the bill, lol

[dennisw]

Sorry but she's a common Mexican scam artist. She wants her baby to be a US citizen. It's as simple as that. What's got you confused is that she's a fly in scammer instead of a pregnant border jumper. Which also happens

Would you fly in such an advanced state of pregnancy?
Already she is scamming free medical care for herself and baby. She will never pay back one thin dime

[WatchingInAmazement]

The truth is that, while inconceivable to many here, most Mexicans love their homes, families and have no desire to be American citizens.

Absolutely true. They proved that when they marched in mass with Mexican Flags last spring. Which is why they should be in MEXICO.

[montag813]

our interpretation is incorrect. "People born in the United States but not subject to the jurisdiction thereof" refers to the children of diplomats and their families. Since diplomats have diplomatic immunity they are not subject to the our laws, nor are their children, and therefore they do not get American citizenship just because they are born here.

Citizens of foreign nations who are in the United States unlawfully are by definition not subject to our jurisdiction. They are here outside the law. There is no legal recognition of their right to be in this nation. The only nation with jurisdiction over them is their country of origin. They are here in legal limbo until they can be returned, and any children they happen to have while in such a state are not American citizens.

Even foreign nationals who are here legally--on student visa for example, are not subject to juristic ion as is an American citizen. They do not have to pay income taxes, for example. Nor do they have to register with Selective Service. They cannot be conscripted into the armed forces. They cannot vote, not stand for office.

This Amendment has been misinterpreted for far too long, and the situation must be corrected.

[montag813]

Name calling is your modus operandi isn't it.

You should know, you in effect called us all racists for wanting to enforce the law.

[cajungirl]

nope, I said nobody seemed to be willing to have a moment of pleasure that everyone was okay. But some were quite willing on little information to make all sorts of judgements about this woman. And on all Mexicans. The assumptpion of nefarious motives based on this woman's having a baby on an airplane bound to Chicago,,,you can call that what you like. It was cold.

[FreedomCalls]

Indians are a different case, and a limited one. They were treated as having sovereign status even though they did not have sovereign territories, i.e. they were here first, so they get special treatment.

If that's the case, and you knew that, then you deliberately lied when you said this:

"This is what the people who drafted the amendment intended it to mean. They did not intend it to exclude any child born within the United States except for children of people with diplomatic immunity. Since the day the amendment went into effect it has never been interpreted to exclude any other children born in the United States."

[ladyjane]

if it was British Airways flight and the woman was a British citizen, no one on this forum would give a damn.

Maybe that's because we're not being over run with British citizens who are coming here illegally, driving drunk, going to the bathroom in our produce and bringing drug resistant TB, tapeworms and leprosy into the country.

[Cheburashka]

Citizens of foreign nations who are in the United States unlawfully are by definition not subject to our jurisdiction.
---
They're only not subject to our jurisdiction if we can't arrest them, try them, convict them, punish them. Are you seriously suggesting we cannot arrest a murderer because he is also an illegal alien? And that the same applies to people on student visas, we cannot prosecute them for any crimes they commit? Please. If we can prosecute them, they are under our jurisdiction. That is what jurisdiction means.

Your legal theory is not what the drafters of the 14th Amendment had in mind. They were the ones who wrote it, they never applied it the way you want to apply it. Or does original intent mean absolutely nothing to you? If your theory ever took hold, goodbye Second Amendment rights. And any other Constitutional rights the government finds inconvenient.

You have to fix the problem. The Constitution has to be amended. Sorry to burst your bubble.

To make sure you understand my position, I want this amendment to the Constitution.