George Will argues that the answer should be no. I’m not a lawyer, but I think he makes a compelling case regardless of how one feels about immigration in general or the specific issue of how to deal with illegals:
A simple reform…would bring the interpretation of the 14th Amendment into conformity with what the authors of its text intended, and with common sense, thereby removing an incentive for illegal immigration. To end the practice of “birthright citizenship,” all that is required is to correct the misinterpretation of that amendment’s first sentence: “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.” From these words has flowed the practice of conferring citizenship on children born here to illegal immigrants. A parent from a poor country, writes professor Lino Graglia of the University of Texas law school, “can hardly do more for a child than make him or her an American citizen, entitled to all the advantages of the American welfare state.” …If those who wrote and ratified the 14th Amendment had imagined laws restricting immigration — and had anticipated huge waves of illegal immigration — is it reasonable to presume they would have wanted to provide the reward of citizenship to the children of the violators of those laws? Surely not. …Congress has heard testimony estimating that more than two-thirds of all births in Los Angeles public hospitals, and more than half of all births in that city, and nearly 10 percent of all births in the nation in recent years, have been to mothers who are here illegally. Graglia seems to establish that there is no constitutional impediment to Congress ending the granting of birthright citizenship to those whose presence here is “not only without the government’s consent but in violation of its law.”
[…] P.P.S. For those interested in the issue of birthright citizenship (a.k.a. anchor babies), I’ve shared some interesting analysis from Will Wilkinson and George Will. […]
[…] P.P.S. On the issue of birthright citizenship, I’ve shared some interesting analysis from Will Wilkinson and George Wi […]
[…] Should Babies Born in America to Illegal Immigrants Get Automatic U.S. Citizenship? […]
[…] P.P.S. On the issue of birthright citizenship, I’ve shared some interesting analysis from Will Wilkinson and George Will. […]
[…] My previous post dealing with whether citizenship should be automatic for babies born to illegals generated a lot of commentary, so it is with some trepidation that I wade back into the issue. But the Wall Street Journal column excerpted below seems to strike exactly the right chord and should (at least I think!) meet with approval from both sides of the immigration debate. And by “both sides,” I’m referring to the debate on the right (with some conservatives and libertarians on both sides of the issue) regarding the benefits of immigration generally and the treatment of illegals specifically. […]
[…] P.P.S. On the issue of birthright citizenship, I’ve shared some interesting analysis from Will Wilkinson and George Will. […]
[…] previous post dealing with whether citizenship should be automatic for babies born to illegals generated a lot of […]
[…] P.P.S. For those interested in the issue of birthright citizenship (a.k.a. anchor babies), I’ve shared some interesting analysis from Will Wilkinson and George Will. […]
[…] previous post dealing with whether citizenship should be automatic for babies born to illegals generated a lot of […]
[…] P.P.S. For those interested in the issue of birthright citizenship (a.k.a. anchor babies), I’ve shared some interesting analysis from Will Wilkinson and George Will. […]
[…] P.P.S. For those interested in the issue of birthright citizenship (a.k.a. anchor babies), I’ve shared some interesting analysis from Will Wilkinson and George Will. […]
[…] P.P.S. On the issue of birthright citizenship, I’ve shared some interesting analysis from Will Wilkinson and George Will. […]
[…] P.P.S. On the issue of birthright citizenship, I’ve shared some interesting analysis from Will Wilkinson and George Will. […]
so leave and go back to a place we have never been in our whole lives? we are americans and have never known anything but america.
We are citizens. Accept it.
The question is should baby’s born in the U.S. of any non-citizen parents automatically be given U.S. citizenship.
The 14th amendment of the U.S. Constitution, ratified on July 9, 1868, instituted “the “anchor baby” clause for a very good reason. Slaves freed post-civil war by the emancipation proclamation were being denied citizenship by several states and the the rights offered therein. This amendment made determination of citizenship a Federal perogative vs. each state deciding. It was decided if freed slaves were born in the U.S. then they were citizens by birth.
Has this amendment outlived its original purpose?
[…] expand mutually beneficial economic ties between the United States and Mexico. I’ve already posted on some of the historical and legal aspects of this issue. Will’s column explores the consequences of reform. The proposal to end “birthright […]
[…] 4, 2010 by Dan Mitchell My previous post dealing with whether citizenship should be automatic for babies born to illegals generated a lot of […]
No, the Illegals know they are illegal, why do do their bratty kids get free citizenship? No, take your brats and go back where you came from. Illegals don’t marry either because they are getting free medical, food stamps, & housing assistance. Illegals don’t pay taxes, don’t speak English, and don’t want too! I see this everyday in California. 100% pf Mexican drive-thru’s only take/accept cash. Mexican Restaurants only take cash, so they don’t pay any taxes there either. There is one in my neighborhood, and I told them that I was the IRS and that a team would be coming there shortly and investigate all of their cash transactions. The restaurant moved out this night…see what happens, they know we know too. Average bill of tacos with Rice and Beans for 2 people $16.00. family of four with drinks? $35.00!
There have been 4.2 million illegal alien children born in the U.S. in the last 15-16 years, every one of them paid for by the American taxpayer. At a cost of $5,500-$12,500 per birth, do the math and see what it has cost the American taxpayer. Do we want to figure out how much it costs to school these illegal alien children?
For the love of God, end this birth-right citizenship and get the birth certificates issued, REVOKED!
It goes without saying that,
the more the welfare state expands, the more macro-micro-over-legislation will be needed to determine who gets in, who gets what and after how long. Once upon a time when the constitution was fresh, there was no such issue. Whoever could come to the US and could find someone to buy his/her goods and/or services was both welcome and useful.
Now we’re about to reach the sorry state where we’re macro-micro-over-legislating who can get out! All we’re missing are tax penalties on the relatives that the traitors leave behind and we will have Sovietized our emigration policy.
Overturning the SCOTUS decision to grant the benefit of American citizenship to illegal alien children born on our soil is long overdue. This is one of the stupidest and most destructive things to our country SCOTUS has ever done. We, the people need to tell SCOTUS to get their head screwed on straight.
George Will is no libertarian. That’s for sure. I disagree.
I understand that many illegal immigrants are “innocents” by virtue of the fact that they had no say in the matter, i.e. a person brought here at just a few months of age. Others, who had no right to be here in the first place, illegaly immigrate just to give birth.
However, it is us, the American citizen and taxpayer, who eventually pay the price. THIS MESS IS NOT OUR FAULT! Anyone committing a crime by breaking ANY law, knows that there are consequences.
The only “reform” we need in this country is in the way our laws are (NOT) enforced!