Monday, August 16, 2010

Does 14th Amendment apply to illegal immigrants?

This is not the first time that the law that gives 'birthright citizenship' to U.S.-born children of illegal immigrants has come under fire.

We wrote about efforts by U.S. Rep. Nathan Deal of Georgia to change the law last year.

But a new effort has gained steam recently since S.C. Sen. Lindsey Graham waded into the controversy. It’s quite a move for the Republican Senator who has long worked with Democrats in search of a compromise on immigration reform.

The newest research on the "birthright citizenship" debate by the Pew Hispanic Center estimates 340,000 of the 4.3 million babies born in the United States in 2008 were the offspring of unauthorized immigrants.

In editorial by the Pittsburgh Tribune Review, the writers argued that the United State simply needs to enforce the 14th Amendment's plain language. They say the second clause of the 14th Amendment (emphasis added below) straightforwardly denies birthright citizenship to newborns of illegal immigrants:
"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."
Pew found that illegal immigrants comprise slightly more than four percent of the adult population of the U.S., but because they are relatively young and have high birthrates, their children make up a much larger share of both the newborn population (eight percent) and the child population (7 percent of those younger than age 18) in this country.

The Center for Immigration Studies took a look at the Pew’s findings. The enforcement advocacy group found that not only was the U.S. border porous for adult illegal immigrants, but also for young illegal immigrants.

“Mentioned, but not stressed, in the media coverage of the Pew study is one fact: there are 1.1 million foreign-born children of illegal alien parents. They are all 17 or younger. The strong implication is that almost all of them are in illegal status,” David North wrote for the Center.

North said most probably entered as toddlers without inspection along with their parents. Others may have come on tourist visas that expired.

"These 1.1 million children are a quiet proof of the laxity of our border controls," he said.


Anonymous said...

thats abused constantly!

Anonymous said...

as long as they are illegal then the tax payers will keep picking up the tab. so lets just make them legal. then if they claim 12 dependents and cant prove they have 12 they go to jail for tax fraud. then when they show up at the hospital in labor they get the bill for the delivery. once these illegals realize that the bank of the american tax payer has been closed they will go back home.

Anonymous said...

Anon 4:03...That is an expensive/stupid idea, and helps no one....I am tired of having my health costs driven up because illegals are skipping out on paying for health care visits. If a child is born here illegally, they should be considered illegal as well. As Anon 3:40 said, it is a loophole that is abused.

Anonymous said...

NO amendments should apply to them. THEY ARE NOT CITIZENS! They are here against the law so therefore why should the law ever be used to protect them??

Anonymous said...

The fourteenth amendment was instituted during re-construction, around 1868.It was meant to deal with the blacks who were considerd property and not citizens. IT WASN'T MEANT FOR JOSE TO COME OVER THE BORDER WITH HIS PREGNANT WOMAN EVERY NINE MONTHS AND POP OUT A BABY!

JP Straley said...

Comparison of the US and Mexican Constitutions is sufficient to show that the existing treatment of anchor babies is in error. (Since Mexicans are the largest group of aliens taking advantage of the erroneous anchor baby situation the Mexican case is critical.)
The ruling part of the US Constitution is Amendment 14: “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.”

Here is the relevant part of the Mexican Constitution, Section II, Article 30: "The Mexicans by birth shall be…The individuals born abroad from Mexican parents who were born within national territory, from a Mexican father who was born within national territory or from a Mexican mother who was born within national territory…The Individuals born abroad from naturalized Mexican parents, from a naturalized Mexican father or from a naturalized Mexican mother…

According to Mexican law, a baby born to within the US to Mexican illegal aliens is automatically a Mexican citizen. But since it has parents who fall under the jurisdiction of Mexico, and all its posterity at the time of birth is Mexican, this child is primarily a Mexican citizen. Following the clear language of Amendment 14, Mexico has jurisdiction thereof concerning this child. Under the anchor baby rubric, this baby acquires US citizenship at the same time and so is a dual citizen. Clearly enough, since the Mexican citizenship is primary and the baby is without question under the jurisdiction of the Mexican state, the !4th amendment does not and can not confer American citizenship.
We have weak-willed judges in America that continue to favor the interests of foreigners over the interests of Americans. These same weak judges refuse to recognize the legal practice, legislative history, and custom of one hundred years standing; namely, that the intent of the fourteenth amendment was not to make a US citizens of illegal aliens’ children. This should be corrected.

Anonymous said...

The 14th does not and should not apply to illegal immigrants.

Anonymous said...

@ anon 4:33

whats your plan? round them up and send them back, and then when they come back, round them up and send them back, and then when they come back.... you get my point. the only reason they are here is because its a free ride. close the bank and the problem is solved. americans are the only ones who have it rough in america so why not make them americans and then they can catch it in the rear with the rest of us.

now close your eyes while i hit you in the head with the sarcaism stick

John said...

@ Anon 10:04:

The short answer is YES.

The long answer can be found here:

The idea that "so many people are breaking this law that we need to repeal the law" is the most repulsive concept imaginable. Would you like to apply the same "logic" to rape? Murder? Robbery? Embezzlement? Assault?

Eisenhower PROVED that illegal immigration CAN be contained. There is NO EXCUSE for allowing it to continue.

Anonymous said...

Americans in authority positions that have a say in this disbute should hammer down the laws on these illegal immigrates. They are not citizens therefore they have NO RIGHTS under our laws. Send them back and their babies. When are americans going to grow some nads and do what is right for the AMERICAN PEOPLE. WE ARE THE ONES WHO ARE PICKING UP THE BILLS FOR THESE ILLEGALS.

Anonymous said...

With an unstable totally corrupt gov. in Mexico on top of an economic depression, our labor market is being swamped with cheap labor. The drug cartels buy the politicians that they can and kill the ones they can't. The Mexican gov. considers all Mexicans living or born in the U.S., Mexican nationals. That gives these illegals dual citizenship, they can vote in elections in both nations. Military intervention by the U.S against Mexico is a given.The 14th. amendment is being exploited by millions of illegals with the blessing of their home country! Illegals are encouraged by their political leaders to "take advantage of the U.S." but always remember you are a "Mexican National" first!

Anonymous said...

@ John

nice work trying to tie eisenhowers success against illegal immigrants to todays issues but its a swing and a miss. the USA today isnt even comparable to the USA of 50+ years ago. now were 100% PC. we cant even arrest aliens because it violates constitutional rights that they dont even have. i like the idea but too bad its not a viable solution here in reality. whats your plan for the war in the middle east? wanna nuke'em like we did japan?

Anonymous said...

I like Ike.

Anonymous said...

Do you really think the 14th amendment authors in Congress and those who voted for it even remotely meant for it to be for Mexicans who only 20 years earlier were embroiled with America in a 2 year intense deadly war where 50,000 American troops were killed although as we know the USA prevailed mainly under the leadership of top US Military Acadamy graduates General Robert E Lee and Jefferson Davis ?

Do you really honestly believe this amendment was meant for Mexican illegal criminals stealing across the border to rape taxpayers of mega billions putting 100s of medical centers out of business and adding to the 15 trillion debt Obama is running up?

Lets get real here ok? Ditch the fantazy world.

gsu philodophy guild said...

illegal immigrants do pay taxes and they dont reap the benefits! they pay property taxes, social security, income and SALES. need to get the facts straight on immigrants. infact, this country wouldnt have been the country it is now without the labor of immigrants and their hardwork! and immigrants have always held the working class jobs in society, so now that there is a depression, people want to blame immigrants? now since there is a crisis you want to kick people out? reform shouuld be in getting people legalized and not deported. It is wrong to want to put our nations problem on the illegals. What about the billions that were spent on the war? all that money came from the taxpayers,it was intended by the founders to have equal opportunity for ALL! life, liberty and pursuit of happinesss. This is another era targeting a minority in America. Minorities are discriminated against, families destroyed, people killed and all you care about is your money!!!!