'Birthright citizenship' policy backfires, should be abolished
By Lamar Smith / Guest columnist
Article Launched: 05/25/2008 11:10:56 AM MDT


Yaser Esam Hamdi was born in a Louisiana hospital on Sept. 26, 1980. The son of a Saudi Arabian couple living in the U.S. on temporary visas, he was not in America for long; the Hamdi family moved back to Saudi Arabia while Yaser was still a child. When he finally returned to the U.S. in 2001, it was as an enemy combatant.
Hamdi was captured in Afghanistan fighting against American forces as a member of the Taliban.

Though he had been raised in the Middle East and captured fighting against American soldiers, Hamdi was a U.S. citizen.

Few Americans are aware of an immigration policy called "birthright citizenship," which grants automatic citizenship to almost every child born in the U.S. - including children of foreigners and illegal immigrants.

The Hamdi case is one reason why Congress must put an end to this practice. Another is that birthright citizenship serves as an incentive for millions of illegal immigrants to come to the U.S. According to the Center for Immigration Studies, an estimated 380,000 expectant mothers crossed the border illegally in one year in hopes of giving birth in America. In Texas alone, more than 65,000 undocumented women give birth annually. When these women go into labor, taxpayers foot the bill.

Health care and social services for illegal immigrants cost Americans an estimated $1.1 billion per year. The price tag of educating the children of illegal immigrants in Texas adds up to around $4 billion annually. Illegal immigrant

parents benefit, too; when their citizen children turn 21, they can sponsor their parents for green cards.
The granting of automatic citizenship to children born in the U.S. comes from a misinterpretation of the 14th Amendment. Drafted after the Civil War, the 14th Amendment included a "Citizenship Clause" to guarantee that recently freed slaves gained full rights as Americans. The framers never sought to guarantee citizenship to children of illegal immigrants. Sen. Jacob Merritt Howard, one of the original authors, emphasized that the simple accident of birth in the United States was not sufficient to justify citizenship and noted the clause "will not, of course, include persons born in the United States who are foreigners."

Yet over 100 years later, America continues to grant automatic citizenship.

Hamdi was a U.S. citizen simply because he was born within the borders of the U.S. - but does that really make someone an American? Real citizenship involves contribution, cultural assimilation and allegiance.

Citizenship is not something that should be handed out on a "first-come, first-served" basis, but rather, reserved for those who respect our laws and value our freedoms.

Congressman Lamar Smith, R-Texas, is ranking member of the House Judiciary Committee and former chairman of the House Subcommittee on Immigration.

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