Born in the USA

  By Florida Bill          

                               With all of the talk about a border wall and the deportation of immigrants who are in the United States illegally, the subject of babies born on American soil to an undocumented mother again is the subject of fresh consideration and discussion.  
                                Also under review by the Trump administration is the status of young children, known as "dreamers," who have been brought to America by undocumented parents.  There are an estimated 800,000 such youngsters in the country today, and President Trump has said recently that their non-citizen status is under review.  
                               Infants born in America of parents who are in the country illegally, are frequently referred to as "anchor" babies, a label considered by liberal Democrats to be cruel and disparaging. To these critics who are sensitive to "political correctness," use of the term connotes a subtle form of anti-immigration and racism.  
                                We are told of pregnant women who are in the final days of gestation when they slip across the border or are boated over the Rio Grande into the USA.  Birth occurs with care of the mother provided by a hospital, and the infant becomes a citizen entitled to benefits which include social security and education in a public school. 
                              Last year, a Honduran mother flew to the USA and gave birth to her Zika baby.  The child, a citizen, will cost taxpayers at least $1 million for treatment and care until emancipation.  America is generous, no question about it, but is the uncontrolled largess fair to families footing the costs? 
                               Sen. Lindsey Graham of South Carolina described it as a "drop and leave" policy which needs to be changed by amendment or statute.  To have a child in America, a woman crosses the bridge, goes to the emergency room, has a child and that child is automatically an American citizen entitled to welfare and other benefits.  "That shouldn't be the case.  It attracts people here for all the wrong reasons," said Graham.
                               President Trump has been critical of the narrow interpretation of the constitution which gives citizenship, under any conditions, to a baby born on American soil.  The 14th amendment to the Constitution provides: 
                               "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 law"                               
                               According to testimony  by the Center for Immigration Studies (CIS) before the House Judiciary Committee’s Subcommittee on Immigration and Border Security,  between 350,000 and 400,000 children are born annually to an illegal-alien mother residing in the United States — as many as one in ten births nationwide.  Babies of undocumented residents are actually born at the rate of one every 93 seconds, researchers say.                                                             Correspondingly, some government offices estimate that a child born in 2013 would cost his parents $304,480 from birth to his eighteenth birthday, with a significant amount coming from government. 
                                    During the past campaign, President Trump, then a candidate, raised the subject of the "anchor" infants. It was a divisive subject triggering cheers from citizens who wanted conditions placed on birthright citizenship; and approval from others who said that such rights were guaranteed in the constitution, and immutable. It does not take a genius to recognize that birthright citizenship under the 14th amendment  works as a magnet for at least some parents across the globe. 
                                     Where the children of illegal aliens accompany their parents to the USA, they too remain as illegal aliens, along with their parents. But greater concern is given to these children since the USA is the only home they have ever known.  In most cases, these youngsters called "dream children" adapt and become solid Americans, but without credentials as a citizen.  This is a problem which Congress must address and determine if there is a path to legalization or citizenship for them. It is anticipated that the "dreamers" will be put onto  path to citizenship.
                                          President Trump has been critical of the unchecked flow of illegal immigrants, primarily from Mexico.   During the campaign he was straightforward with his belief that such uncontrolled births by women who have entered the country by sneaking over the southern border was not right and was unfair to citizens footing the costs. Other members and former members of Congress have strongly agreed with him.                         

                         Is the meaning absolute as some say?  Is it conceivable that if a visiting couple becomes stranded in the United States for unanticipated and bizarre reasons, and the woman gives birth prematurely to a baby, that baby would automatically be registered as an American citizen?   I think not.  And as has been maintained by some, the 14th amendment does not control and the child does not become a U.S. citizen, but remains subject to the jurisdiction of the country from whence his parents came. 

                       Some legal experts will argue that the phrase "subject to the jurisdiction thereof" means as of the moment of birth and therefore it is the land on which you are born at the moment of birth.  Other scholars dismiss that interpretation.                                                        It would be absurd to argue that the founders of this nation ever intended anchor baby citizenship, with no guidelines or control.  The intent of the 14th amendment, according to scholars, was drafted with non-whites in mind so as to guarantee that children of all men who might have at one time been slaves be considered natural born Americans entitled to receive all benefits accorded to American citizens.

                       Conceivably, the 14th amendment  can be amended so as to more clearly define natural birth and citizenship. However, the amendment process is lengthy and cumbersome requiring a constitutional convention and ratification by the legislatures of at least 38 states. It is doubtful that that will ever happen. 
                       There is extensive differing of opinion as to what might be done so as to clarify the amendment dealing with citizenship. Some believe that congressional legislation might be appropriate in establishing the parameters of the birthright provision. Restrictions can be placed upon constitutional rights without rendering those restrictions as unconstitutional.  The best examples of placing restrictions on constitutional rights can be found in controlling abortions and in controlling speech such as prohibiting the screaming of "fire" as a joke in a crowded theater or arena.  
                     Anchor babies and dream children are a complicated issue and a divisive problem.   Dreamer issues, and questions concerning birthright citizenship are ripe for examination by the President,  Congress and the Supreme court.

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