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CRAG: A Proposal to Prevent Medical Cataclysm
Tough medicine could end the cataclysm in American medicine. I suggest the acronym CRAG for four critical actions to reclaim America's EDs; to restore medicine's proud scientific excellence and profitability; and to protect Americans against bacterial, viral, parasitic, and fungal infectious diseases that illegal aliens carry across our borders.
Close America's borders. Prevent illegal entry with fences, high-tech security devices, and troops re-deployed from Germany and South Korea. Deport illegal aliens. Homeland Security's Immigration and Customs Enforcement has a division of Detention and Removal dedicated to deportation. It is hobbled by the powerful Executive Office for Immigration Review (EOIR), the Department of Justice court system that consists of the U.S. Immigration Court (USIC) plus an appellate court, the Board of Immigration Appeals (BIA)....

Rescind the citizenship of anchor babies We must overturn the misinterpretation of the Fourteenth Amendment to the U.S. Constitution. The Constitution grants citizenship to all persons born or naturalized in the United States and "subject to the jurisdiction thereof." An illegal alien mother is subject to the jurisdiction of her country. The baby of an illegal alien mother also is subject to that home country's jurisdiction.

When the Fourteenth Amendment was ratified, its purpose was to assure rights of freedom and citizenship to newly emancipated Negro citizens. American Indians, however, were excluded from American citizenship because of their tribal jurisdiction. Also not subject to American jurisdiction were foreign visitors, ambassadors, consuls, and their babies born here. For citizenship, the person was required to submit to complete, exclusive American jurisdiction, owing allegiance to no other nation.

Long ago the Supreme Court correctly confirmed this restricted interpretation of citizenship in the so-called 'Slaughter-House cases' [83 US 36 (1873)] and in [112 US 94 (1884)]. In Elk v.Wilkins, the phrase 'subject to its jurisdiction' excluded from its operation 'children of ministers, consuls, and citizens of foreign states born within the United States.' In Elk, the American Indian claimant was born in America, but considered not An American citizen because the law required him to be 'not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance.' To obtain citizenship, an American Indian had to separate from his tribe and be accepted by the United States as a citizen. A special act of Congress was needed to grant full citizenship to American Indians. The Citizens Act of 1924, codified in 8USCSß1401, provides that: The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.

Congress by legislation has the right to create uniform rules on naturalization, and to create dual citizenship and similar variations upon 'jurisdiction.' We must be vigilant against congressmen voting to extend the list of those born here to include illegal aliens or other lawbreakers, conferring American citizenship and its generous social and medical benefits on babies born to criminals....

Aiding and abetting illegal aliens is a crime. Punish it. This will anger devotees of illegal aliens who believe that the Constitution guarantees them civil rights that trump American administrative, civil, and criminal laws.

Grant no new amnesties. We must choose either to surrender medicine to illegal aliens, or to fight illegal aliens. Surrender to illegal aliens is surrender to collectivist America: land of moral ambiguity and home of pacifist appeasement. Fighting against illegal aliens is fighting for individualistic America: land of moral strength, and home of responsible liberty.
As we fight to reclaim medicine, so we defend our nation.

Madeleine Pelner Cosman, Ph.D., Esq., is a medical lawyer, who formerly taught medical students at the City University of New York.