Question: If my cousin from Italy is here visiting me while pregnant, and she gives birth during her stay, does her child gain automatic American citizenship? Logic (but not the law, because I have not researched it) tells me that there is no automatic citizenship. In other words, the parent is merely a temporary guest or visitor, and the accident of the birth should not confer citizenship on the child.
Using that logic (not that the law is always logical), the child of a guest worker or temporary worker should also be denied automatic citizenship.
I firmly believe that this "baby anchor," as you phrased it, is one of the most serious problems affecting solving this issue. There is little enthusiasm for deporting the parent of a young citizen because it necessitates the deporting of the citizen as well (who cannot support himself without the parent or the state).
The rules for gaining naturalization should apply to all those who wish to come to America. I am offended by the thought of allowing those who have failed to follow the legal procedures (and the long wait) to gain entry by trickery or loopholes and to "cut in line" ahead of those who have followed the rules.
Bingo.
You just nailed one of the primary complaints by that 80% we see being bandied about this afternoon.
Why do I have to follow the rules when they don't?
"In other words, the parent is merely a temporary guest or visitor, and the accident of the birth should not confer citizenship on the child."
Sorry, it does unless the parent refuses and the home country allows the child citizenship. The children of even illegals are citizens.
But I personally agree with you, it shouldn't ...
what logic tells you and what law says are very different. If your italian cousin gives birth here, the baby is an US citizen and your cousin has the right to apply for permanent residence.