http://www.theconservativevoice.com/art ... ml?id=9868

by Warner Todd Huston
Born Here Means Automatic US Citizenship - Should We Change That?
November 12, 2005 10:42 PM EST

You may have heard the term anchor baby?

This term is used by the Immigration and Naturalization Service to describe babies born within the borders of the USA, its territories and protectorates to foreign nationals, babies that are then used by these illegal immigrants to gain access to US social services as well as entry into the country. As things stand today, any child born within US territory is an automatic citizen. And, since we are a compassionate people, we cannot just have babies running around as citizens without allowing their parents some legitimacy, even if shadowy, to live in the US to raise and support that child. Hence, the "anchor" part of the moniker. Illegals have babies to make sure that they are allowed to stay in this great country more often than is comfortable, for sure. Congress may be re-visiting this concept and looking toward taking away the automatic part of being born a citizen for some, instituting stricter guidelines. UPI quoted Rep. Tom Tancredo (R-Col.) as saying, "There is a general agreement about the fact that citizenship in this country should not be bestowed on people who are children of folks who come into this country illegally". And he is only echoing many that feel the same way. It cannot be said that we haven't a problem with immigration, our security also cannot be ignored, and the costs of illegals availing themselves of our generous social programs is a huge problem, so stricter requirements for citizenship is a proper subject to discuss. Still, we are a compassionate people and we must approach this issue with care. Further more, this is the land of opportunity as well as a country built upon immigration and we mustn't change that aspect of our nation over a temporary border problem with our neighbor or a security issue that will not always stay imminent. Some lawmakers, however, are saying that such a change could only be made by a Constitutional convention to somehow change the 14th Amendment, created in 1866 to allow former slaves to attain citizenship following the Civil War. I think these lawmakers might be correct. A proposal to limit the automatic citizenship for some children is by parsing the word "jurisdiction" in the 14th Amendment to the Constitution.

Here how the 14th amendment begins: "Section 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

One might construe "jurisdiction" as not applying to a child born to illegals because the child's parent's allegiance to their home country is assumed to be preeminent. And if the parents do not hold an allegiance to the USA, neither will the child as it grows up. In that case the "jurisdiction" of said state or the federal government does not apply since no fealty to said government will be observed by that child. But this is a reach that strains credulity for a constructionist such as myself. (After all, a child born of perfectly patriotic parents might grow up to be the next Michael Moore!)

Obviously, the Amendment was aimed at making former slaves into legal citizens of the country and was not aimed at illegal aliens who enter the USA just for its social programs. After all, the Congress of 1866 didn't have any such programs to offer and the problem was not one they could have foreseen. But a failure of foresight in this case is not a sufficient reason to alter the Constitution today. Let us look at the Amendment's language. It says, "All persons born or naturalized in the United States ... are citizens of the United States". It doesn't say all persons whose parent's first vowed fealty to the USA are citizens, it says ALL people born here are citizens. And, it is quite plain that "jurisdiction" simply meant within the confines therein and was not being used in any other way. I have to say that anyone trying to write laws that restricts citizenship further than the 14th Amendment are not only barking up the wrong tree but are looking to alter a fundamental aspect of the American system. We have, since inception, imagined that this country would be a haven for those looking for a better life for themselves AND their children. Should we make it too difficult to become an American citizen we will weaken this principle. Further, we need immigration to continue expanding our economy as we always have since before we even became the USA. And there is one more thing that we need to avoid the results of which if instituted here would result in the situation that is being played out in Europe today. Many countries in Europe have refused a sense of full citizenship to its own immigrant population and this, in turn, has "Balkanized" that immigrant population so much that they are now in riots across Europe over their perceived alienation. They have not become vested in the system under which they live and are agitating for further separation yet. This is a death knell to a society and one we do not want rung in the United States. To aim a law that limits citizenship at illegal Mexicans whose children are born in the USA can similarly serve to segregate those children from the system here, leaving them on the outside looking in and growing to hate it all. If we do this we may well be, several decades down the line, setting ourselves up for the same thrashing that France is now taking from its alienated immigrant population. No, if we have a border problem we should address that problem head on and not try to go around the back door and shut off citizenship for all time to come for certain people over a problem we are having today. Being considered a citizen of the US upon birth within its borders is a concept that should remain sacrosanct. If we change that simple and straightforward process we open the door for all manner of re-interpretation at any given time. And that would undermine the very basis of being an American. The illegal immigration issue is important for us to deal with, and deal with quickly. But changing citizenship requirements is not the way to do it.