http://www.metrowestdailynews.com/local ... eid=118687

Citizenship birthright questioned
By Liz Mineo/ Daily News Staff
Sunday, January 8, 2006

A pregnant illegal immigrant and her husband cross the border and within months have an "anchor baby," their pride and joy -- and their path to securing U.S. citizenship, sponsored by their new citizen-child.

When U.S. legislators recently passed a bill to toughen immigration laws, they left out a provision that would have ended automatic U.S. citizenship for babies born here to illegal immigrants.

That proposal is dead for now, but as the U.S. Senate prepares to take up the subject early this year, the debate over birthright citizenship simmers.

Advocates have called the proposal to yank birthright an "outrage" because, in their view, the measure punishes children and denies a basic right the U.S. Constitution has granted since 1868 to all persons born or naturalized in the United States.

But groups seeking strict immigration controls say birthright citizenship is a "huge magnet" for illegal immigrants who, in their opinion, come here to have children so they in turn can sponsor their parents or siblings to obtain legal residency.

Mario Alvarez, 33, illegally crossed the U.S.-Mexican border in 1986, when he was 14.

"The last thing in my mind was to have children so they could help me become a legal resident," said Alvarez, who is running for selectman in Framingham.

"People come here looking for a better life," he said. "People are not sitting at their tables in their home countries thinking about how they’re going to screw Americans, but rather if they’re going to be able to eat today."

Alvarez, who hails from Guatemala, obtained a work permit in 1990, a green card in 1996 and became a U.S. citizen in July 2005. The owner of a real estate agency in Natick, Alvarez has three children: Brittany, 10, and twins Matthew and Nicholas, 9.

"Some may come with the idea of having children born here," he said. "But most of us come here to better our lives."

Across MetroWest and the Milford area, civic leaders and immigrant supporters echoed that sentiment. According to unofficial estimates, there are between 10 million and 12 million illegal immigrants in the country, and every year they bear between 100,000 and 350,000 children.

For Waltham’s longtime community leader Gabriela Canepa, founder of a local Latino advocacy group, having babies is a fact of life for many immigrants, most of whom are young and single. But it’s not a practical way to obtain legal residency, she said.

"It’s a crazy idea," said Canepa. "They’re not going to wait until those babies are 18 or 21 years old so they can sponsor them. The main issue is survival. When immigrants come here, they’re mostly looking for means of survival."

In Milford, Pastor Peter Lopez of the Family Worship Center on Main Street, feels the same way. Lopez’s church hosts between 200 and 300 parishioners from 12 different Spanish-speaking countries in Latin America.

"They come here to build a better future for their families escaping from lack of opportunities," said Lopez. "As parents, they want to provide the best opportunities for their children. Why blame the parents and punish the children?"

In Framingham, Jim Rizoli, of Concerned Citizens and Friends of Illegal Immigration Law Enforcement, supports those who would like to revoke birthright citizenship because, he said, it allows illegal immigrants to have a means to legalize their situation.

"It encourages people to have ’anchor babies’ here," said Rizoli, who is running for selectman. "That’s the reason why they come here."

Immigration lawyer Peter Cramer, who practices in Framingham, disagrees. Because of the length of time and difficulties involved, it is uncommon that illegal immigrants become legal residents through their U.S.-born children, he said.

U.S.-born children of illegal immigrants have to be 21 years old and show they are financially able to sponsor their parents and siblings. Cramer said he has not seen a single case in his years practicing immigration law.

"Everybody expects to legalize their situation before 21 years," said Cramer. "It’s true that pregnant women come to give birth here, but they do it not for themselves, but for their children’s sake."

A daughter of Brazilian immigrants who are U.S. citizens, Viviane de Souza, agrees.

"Parents do the best for their children," said de Souza, a Framingham High School freshman who was born in the United States. "My parents didn’t need my help to become legal residents or U.S. citizens, but if that had been the case, I would have done it. It’s the least I could do for them. They gave me a better life."

(Liz Mineo can be reached at 508-626-3825 or lmineo@cnc.com.)