Should the Children of Illegal Aliens Be U.S. Citizens?

August 27, 2010 RSS Feed Print

Under the 14th Amendment, any child born in the United States is a citizen, even if the parents are not. But this policy of birthright citizenship is increasingly debated. Critics argue the policy misreads the Constitution. Its defenders say changing it would be dangerous.
Edited by Robert Schlesinger

Yes

Marshall Fitz
Director of Immigration Policy at the Center for American Progress, a liberal Washington, D.C., think tank

All Americans can agree that ending illegal immigration and fixing our broken immigration system is of paramount national importance. But we should also be able to agree that taking aim at one of the Constitution's most fundamental provisions—the citizenship clause in the 14th Amendment—is an unwieldy...

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No

Matthew Spalding
Director of the B. Kenneth Simon Center for American Studies at the conservative Heritage Foundation

It is the principle of the matter that is most problematic. The broad claim of automatic birthright citizenship traces its roots more to the feudal concept of perpetual allegiance of subjects to kings, rather than equal rights and the consent of the governed. It violates bedrock American principles and undermines the rule of law.

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Allow me to put this in real simple terms. Children born in the United States to parents subject to a foreign jurisdiction do not qualify for automatic birthright citizenship under the provisions of the fourteenth amendment. End of story.

Several months back I received, in the mail, a notification from the U.S. Census Bureau, indicating that I would be receiving a "very important national survey." This notification went on to say,

"When you receive the questionnaire, please fill it out and return it."

Obviously I'm required to accomplish two things, (1) fill out the survey, and (2) return it to the Census Bureau. Otherwise the procedure is incomplete. All rational persons will assent to the simple truth I've conveyed above.

But when it comes to this issue of birthright citizenship for children of aliens subject to a foreign jurisdiction, certain persons lose their reasons, in spite of the fact that it involves the same basic procedures illustrated above.

The fourteenth amendment establishes two criteria to establishing U.S. citizenship, born or naturalized, and subject to U.S. jurisdiction. Note that the connective word "and" is inserted between the two provisions. It doesn't say "or," nor does it say "and/or," both of which would be absurd. Meaning that BOTH of these provisions, as with the Census Bureau's instructions above, must be followed to complete the process.

Therefore, only children of citizen parents subject to U.S. jurisdiction qualify for automatic birthright citizenship according to the stipulations of the fourteenth amendment. That is all.

Terry Morris of OK 3:36PM September 11, 2010

deport all illegals & their children

a crime & their children r the fruits of that crime

thomas dominic gazic of IL 4:29PM September 10, 2010

there are more than 40 million illegals already in this country why as soon as they have an american child they qualify for food stamps , wic, medicaid, housing and free benefit that s the reason for all these anchor babies. automatic citizenship is the beginning of all our problems thats why they come here to get food stamps that will feed the whole family. they encourage the girls to get pregnant as soon as posible to have that anchor child so they will not get deported what judge will deport a 16 or 17 year old with 2 children thats their mentality. we are not mexico the government has to do something about illegal immigration. what the solution close the border, deport and end automatic citizenship or we will be like the romans

jvilla of TX 1:53AM September 09, 2010

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