Thread: Immigration that works? BIRTH PANGS

May 26, 2007, 9:06PM
SWEAT EQUITY
Immigration that works?
BIRTH PANGS


By JUDGE EDMUND V. LUDWIG


Now preoccupied with immigration legislation, the Bush administration and the Congress have ignored a critical issue: birthright citizenship.

Since the 1898 U.S. Supreme Court decision in Wong Kim Ark, it has been settled law that a child born in this country is a U.S. citizen, regardless of parentage. When conjoined with the legal principle of one-person-one-vote, the political implications of birthright citizenship are enormous and far-reaching — as are its socioeconomic repercussions.

In the current immigration debate, little is said about the ultimate effects of the law that confers citizenship on babies born in the United States to illegal immigrants. However, it undoubtedly motivates the beleaguered poor of other countries to strive to reach the promised land by whatever means they can. And, left in place, it's only a matter of time before it will radically alter the ethnic and cultural landscape of our nation. To an incalculable extent, it already has.

Because of the right to vote, citizenship is quintessential political power. But it also conveys a cluster of other exclusive and valuable rights to run for public office, to have a U.S. passport, to serve on a jury, to be eligible for federal and state employment and government aid, to prevent deportation. Many of these translate into economic benefits and social influence that contribute considerably to upward mobility.

Yet perhaps most importantly in the immigration context — one's parents, siblings, and eventually the extended family achieve a greatly enhanced ability to come here. Why? Because the theme of family unification is ingrained in our immigration policies.

The "anchor baby" effect, as it is sometimes called, can pull close relatives through the otherwise tightly controlled screen of the Immigration Service's selection process.

If, as claimed, there are some 12 million to 20 million illegal immigrants in the United States, how many have had children here (grandchildren, and more), who by operation of law became "birthright citizens"?

How many of those offspring have served as immigration leverage for other family members?

And these questions don't just concern Mexicans or illegal immigrants. At this point, we can only speculate as to how many children have been born to noncitizens. As a certainty, the number is very large, and increasing.

And the overwhelming effects on our society can be likened to the dire environmental predictions based on global warming.

Part of the problem is the inherent slowness of the U.S. Citizenship and Immigration Services and the legal system to carry out deportation, or "removal," as now termed. It often takes years before an illegal immigrant is detected and detained.

Or, an uncredentialed person may be stopped upon entry, for example at an airport, and taken before an administrative judge. Almost invariably a deportation order is issued.

Next, an appeals board reaches the same result, but its decision is appealable to a district court. These proceedings take many months, or more.

Meanwhile, the unauthorized visitor may be released on bond — and become a parent. The argument is then made that compassionate resident status should be granted in the interest of family preservation.

Legal scholars question the correctness of the Wong Kim Ark decision, which interpreted the somewhat unclear Citizenship Clause of the 14th Amendment. It involved the son of resident aliens who was born here and returned after he and his parents had left some years before. It is based on English common law rather than the legislative history of the Citizenship Clause, which does not support the concept of birthright citizenship. Only one other country still retains that law — ironically, Mexico.

In the last dozen years, although not recently, some members of Congress have considered legislation that would curtail birthright citizenship — a modification not thought to require a constitutional amendment.

If not faced and dealt with promptly, the geometric, or Malthusian-type, consequences of birthright citizenship will careen Birthright Citizenship (even further out of control.

Birthright citizenship accounts for many more persons within than the annual influx of illegal immigrants. One striking example is the woman in Chicago who earlier this year was ordered deported and sought asylum in a church because her child was a birthright citizen.

Guest-worker programs, opportunities to earn citizenship and trying to close our borders deal only with the visible aspects of the huge and complex immigration iceberg. All of them are vulnerable to the insidious issue of birthright citizenship, which deserves immediate attention.

Birthright citizenship should be eliminated.

Citizenship should be obtainable only through the same administrative process that applies to all persons not born here — and not by virtue of the happenstance of one's birth in this country.

Ludwig is a member of the U.S. District Court for the Eastern District of Pennsylvania, in Philadelphia. He can be e-mailed at EVL164@aol.com.

http://www.chron.com/disp/story.mpl/edi ... 39174.html

Isn't "Birth Pangs" a term used in Revelations?

W

Wong Lim Ark's parents were both legal immigrants but he was born while the United States was not extending the right to naturalize to Chinese. The Court made a decision that the child of two legal residents was born a citizen should be acknowledged even for the Chinese. It was Chief Justive Gray who wrote a gloss which created a precedent extending it to the illegals. A constitutional ammenfment is not neccessary to reverse it.

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Birthright Citizenship Act of 2007 (Introduced in House)

HR 1940 IH


110th CONGRESS

1st Session

H. R. 1940
To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth.


IN THE HOUSE OF REPRESENTATIVES

April 19, 2007
Mr. DEAL of Georgia (for himself, Mr. BILBRAY, and Mr. DANIEL E. LUNGREN of California) introduced the following bill; which was referred to the Committee on the Judiciary


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A BILL
To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Birthright Citizenship Act of 2007'.

SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED STATES.

(a) In General- Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended--

(1) by inserting `(a) IN GENERAL- ' before `The following';

(2) by redesignating paragraphs (a) through (h) as paragraphs (1) through (; and

(3) by adding at the end the following:

`(b) Definition- Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered `subject to the jurisdiction' of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is--

`(1) a citizen or national of the United States;

`(2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or

`(3) an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code).'.

(b) Applicability- The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.

Originally Posted by Richard

It was Chief Justive Gray who wrote a gloss which created a precedent extending it to the illegals.

Can you please elaborate more on this I am not familiar with it.