you're right, we are the only country in the world that allows for the anchor baby syndrome. no other country in the world allows children born from guest-worker, visa or visiting parents to become a citizen. US is the only country that does this and this was allowed when we were still a young country with a lower populace than today. we should get rid of that law and not allow anchor babies. you want to bet, that would cut the numbers drastically.
2006-11-19 07:42:49
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answer #1
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answered by Teresa A 3
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The Fourteenth Amendment excludes the children of aliens. (The Slaughterhouse Cases (83 U.S. 36 (1873))
The Fourteenth Amendment draws a distinction between the children of aliens and children of citizens. (Minor v. Happersett (88 U.S. 162 (1874))
The phrase "subject to the jurisdiction" requires "direct and immediate allegiance" to the United States, not just physical presence.
(Elk v. Wilkins 112 U.S. 94 (1884))
There is no automatic birthright citizenship in a particular case. (Wong Kim Ark Case, 169 U.S. 649 (1898))
The Supreme Court has never confirmed birthright citizenship for the children of illegal aliens, temporary workers, and tourists.
(Plyler v. Doe, 457 U.S. 202, 211 n.10 (1982))
There are other cases referring to minor details of the question.
2006-11-19 10:00:07
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answer #2
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answered by Anonymous
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I agree.
The Fourteenth Amendment: It's a simple document, a constitutional amendment drafted after the Civil War to assure that newly emancipated black slaves would never be denied citizenship by the States. The drafters had no idea that years later it would be used to make a mockery of our immigration laws. Alan Wall, an American journalist living in Mexico states, "An illegal alien can cross the border, have a baby five minutes later, and that baby is automatically declared a citizen of the USA automatically."
The illegal aliens don't have to go through any legal doors. They are exempt from that. They are, in fact, rewarded for disobeying U.S. laws by having their children granted automatic citizenship. In addition, the happy family is entitled to welfare benefits. And, illegal alien parents who have children born in the U.S. are seldom deported. That's why their children are called "anchor babies" - they anchor their families securely in the USA.
It doesn't have to be this way. Most European countries have done away with birthright citizenship because they experienced the same abuses we are seeing. The Irish Supreme Court recently ruled that immigrant parents could be deported even if they have an Irish child. "It was becoming common for single pregnant woman, to come to Ireland from countries outside the 15-nation EU, most frequently from Nigeria, to claim political asylum," states Shawn Pogatchnik, AP writer. Ireland saw a wave of immigration abuse and promptly put a stop to it. Recently, the Irish voted to end birthright citizenship. Britain and Australia both changed their citizenship laws in the 1980's for the same reasons. If you are born in Switzerland you will not automatically become a Swiss citizen. Why should Americans allow our country to be invaded by people who do not honor allegiance to our laws?
Allegiance is the key word. Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, stated in 1866, "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."
2006-11-19 09:46:34
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answer #3
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answered by Yakuza 7
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That's usually what happens. The children get deported with the illegal parents.
That doesn't mean the children aren't entitled to US citizenship if they choose to return later. The 14th Amendment guarantees anyone born on US soil the right to claim US citizenship.
But it doesn't mean the minor children cannot go with their parents, nor does it give illegal parents the right to stay. Contrary to popular opinion.
{EDIT} Sure, we can try amending the Constution to change that.
What do you suggest? Anyone born in the US provided that at least one natural parent is a US national/citizen? Or require both parents to be US nationals/citizens? Do we make exceptions for orphans born out of wedlock where the mother dies at birth?
I'm open to suggestions, but where do you draw the new lines?
2006-11-19 07:35:55
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answer #4
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answered by coragryph 7
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Actually they were never ever supposed to have legal status.
The 14th amendment to the Constitution was NEVER meant to include illegal aliens. A PROPER interpretation of the language specifically EXCLUDES them.
The 14th Amendment to the U.S. Constitution reads in part:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside."
The CORRECT interpretation of the 14th Amendment is that an illegal alien mother is SUBJECT to the jurisdiction of her native country, as is her baby.
During Reconstruction, Senator Jacob Howard participated in debate over the first clause of the Fourteenth Amendment to the United States Constitution, arguing for including the phrase "and subject to the jurisdiction thereof" specifically because he wanted to make clear that the simple ACCIDENT OF BIRTH in the United States was NOT sufficient to justify citizenship. Howard
spelled out the intent by writing:
"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. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."
Despite his intention, the amendment has since been interpreted to guarantee citizenship to every person born in the United States
So there you have it. Yet another perversion of the Constitution. The Supreme Court has never ruled on this issue and it is perfectly clear what the intention was. You don't have to guess it is there in WRITING so why does it continue?
lucky2balive....great link. very informative
2006-11-19 08:31:12
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answer #5
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answered by Bob G 3
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I worked an E.R. in Eagle Pass, Texas years ago. Illegal pregnant women on the verge of delivery came across the bridge from Mexico to our hospital in Mexican taxis. They gave fake American addresses when they registered and had their babies. The American side of our borders are very corrupt as you might imagine and looked the other way. These anchor babies immediately became US citizens and immediately became eligible for medicaid, wick, food stamps and no telling what else. This is just one small example of how illegal aliens work around our laws and systems to get American benefits that we as legal Americans will never be able to use, even though we pay the taxes that support these services.
2006-11-19 09:27:53
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answer #6
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answered by White Knight 3
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There is much debate over the interpretation of the 14th amendment. It may very well be interpreted as children born to people who have become CITIZENS...or LEGAL...are therefore citizens at birth, NOT including those born to people here illegally.
Most countries don't allow you to have a baby in their country and then claim that your baby, and therefore, you , should stay. Just try it in England, France, Germany.....
2006-11-19 08:00:12
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answer #7
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answered by Anonymous
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Well...........I don't know, but when parents have a baby in this country, the baby automatically becomes legal here and it's nothing u can do about it. But i think that when baby is born they should make parents legal to! When people from different countries come here it's because they want to have a better future for them and of course for they children. So u can't blame them for trying!!! U probably would do the same thing if u would be in they situation...... right? I would!!! But trust me if i could i would change the rules to....... to make peoples life's easy!!!
2006-11-19 07:49:34
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answer #8
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answered by Martini5 4
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Yup - I'm tired of paying for benefits for people who are here illegally and have no desire to become part of this country -
Send them back to mexico so they can fix and protest in the country they send the money to.....
2006-11-19 09:23:28
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answer #9
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answered by mwm98284 2
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I think anyone that is willing to bust their A $ $ in low paying jobs, that American's here think they are too good for, should be allowed to stay. The people that we should be getting rid of are criminals that contribute nothing to society to begin with. This country was founded by Immigrants and therefore shouldn't be discriminating against anyone at all.
2006-11-19 07:45:43
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answer #10
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answered by ERICA R 1
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