Thursday, October 1, 2009

Birth Right Citizenship > Illegal Immigration ?

http://www.alternet.org/immigration/142694/arguments_against_%22birth_right%22_citizenship_run_against_constitutional_principles/

We've all heard at some point how impossible it can be for many illegal immigrants to get their green card. We also know that illegal immigration laws don't stop a huge amount of immigrants from coming and residing in the country. If these individuals have children during their time in the United States however, the children automatically become U.S. citizens.

"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"

The article share that many bills have been introduced to Congress with the intention of revoking Birth Right Citizenship to those whose parents are in the country illegally. However because "the Citizenship Clause provides Birth Right Citizenship to anyone born on U.S. soil regardless of the immigration status of their parents", then revoking this would seem unconstitutional.

What do you guys think about this? Should people get Birth Right Citizenship if their parents are in the country illegally? Technically it's not their fault and no one gets to decide where they are born; so does that mean they should they be denied citizenship?

3 comments:

Lauren Nishizaki said...

The constitution states, “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.” According to the interpretation in this article, “The phrase "subject to the jurisdiction thereof" was intended to exclude from automatic citizenship American-born persons whose allegiance to the United States was not complete. In the case of illegal aliens who are temporarily or unlawfully in the United States, because their native country has a claim of allegiance to the child, the completeness of the allegiance to the United States is impaired and logically precludes automatic citizenship.”

I believe that people should not receive automatic Birth Right Citizenship if their parents are in the country illegally. The practice of Birth Right Citizenship is used by immigrants
The costs associated with Birth Right Citizenship make it an unreasonable practice. According to Ron Paul, “most illegal immigrants who have babies in U.S. hospitals do not have health insurance and do not pay their hospital bills... This obviously cannot be sustained, either by the hospitals involved or the taxpayers who end up paying the bills.”

However, I also hold the belief that people do have the right to seek out a better life for themselves and for their offspring. I believe that citizenship should not automatically be granted to people born in the United States, since this leads mothers to sneak into the country so that their children may benefit from United States’ public services. Rather, I believe that the process for applying for citizenship should be made shorter and more accessible, thus allowing more immigrants to legally enter the country and gain the full benefits of citizenship. This would benefit immigrants by allowing them legitimate access to public services as well as protection from exploitation of labor. This would benefit the United States because immigrants would then be required to pay taxes; additionally, the US would have a better knowledge of the demographics of its citizens/occupants, and would be better equipped to cater to everyone’s needs.

Victor Sukhovitsky said...

what the constitution says is clear, crystal clear. If you want to rewrite the constitution or promote not adhering to it, then sure, but thats a different discussion, i was under the impression that we all believe in the constitution and would fight to defend it. Rather than pick and choose provisions to follow, at our convenience.

What must be done is as follows. We must ENFORCE OUR BORDERS!
its simple, they're called borders for a reason, and here it seems as if they are easily thwarted. If we actually decide to protect them, then maybe we wouldnt have so many people here illegally.

Joshua Lu said...

Lauren,
You stated that "In the case of illegal aliens who are temporarily or unlawfully in the United States, because their native country has a claim of allegiance to the child, the completeness of the allegiance to the United States is impaired and logically precludes automatic citizenship.” I thought that any person born in the United States is a U.S. citizen. However, you said that a child with illegal aliens as parents have their automatic citizenship precluded. If this is the case, then not ALL persons born or naturalized in the United States are automatically citizens? Only those who are born in the U.S. from legal American citizens obtain automatic citizenship?

Although illegal immigrants come to the United States to live a better life and provide a better home for their children, they cause many problems to the government and citizens of America. For example, illegal immigrants have worked many jobs for the United States, but they have also crowded into schools, hospital emergency rooms, and government-subsidized programs. Also, many illegal immigrants come to the United States to look for jobs. According to The Federation for American Immigration Reform, it is estimated that “1,800,000 American workers are displaced from their jobs every year by immigration” Furthermore, illegal immigrants work for very low wages, which also lower the wages for many American citizens. On top of this, working in factories can be very dangerous, as there are many hazardous machines that need to be used. When illegal immigrants get injured on the worksite, it is required that they receive health care from hospitals. However, most illegal immigrants cannot afford to pay for their health expenses, so the U.S. government has to pay these expenses.

Illegal immigrants also cause overcrowding in cities, and crowd prisons due to their high crimes. The Federation for American Immigration Reform also states that "one fourth of the federal prison population is foreign-born, and the INS must deport over 30, 000 criminal aliens every year."

Illegal immigrants come to the United States to seek a better life, but it is obvious that they cause many, many problems for the U.S.