Why children of illegal aliens aren’t citizens
April 4, 2006 | By Nathaniel Ward
The 14th Amendment does not allow the children of illegal immigrants to become citizens.
One way illegal immigrants abuse our nation’s hospitality is by coming to America to have a child. This so-called “anchor child,” born on American soil, is considered a United States citizen, and is used to justify the parents’ unlawful presence in the country.
But this entire premise is flawed, legal scholar John Eastman explains in a new Heritage paper. Our Founders believed in government based on the consent of the governed, a break with the feudal notion that someone remains forever the subject of the country in which he was born. The Founders rejected this feudal idea and threw off their British citizenship (they were, after all, born on what was then British soil) to become Americans.
In passing the 14th Amendment, on which birthright citizenship claims are erroneously made, Congress reiterated the Founding principles, Eastman said. Congress once again “rejected the feudal birthright citizenship doctrine of medieval England as fundamentally incompatible with the principles of the Declaration of Independence.”
What does all this mean? It means, in short, that only those who fully submitted themselves to our nation’s laws can be eligible for citizenship.
A current citizen or legal immigrant has agreed to abide by the laws of the United States, so he and his children are eligible for citizenship. He has consented to be governed by American laws. By contrast, an illegal immigrant has entered the country unlawfully and refused to submit to American laws. Since he refuses to obey American laws, he must be assumed not to consent to our government, so he and his children are ineligible for citizenship.
“Birthright citizenship is contrary to the principle of consent that is one of the bedrock principles of the American regime,” Eastman concludes.
Another way to stop illegal immigration
When dealing with the illegal immigration problem, we must look at incentives. So what’s the incentive for someone from Latin America to illegally cross the border into this country? Easy: he can make far more money here than in his home country, so in his mind the crossing is well worth the risk.
So our solution must address both parts of this incentive. To do so, we must
- Make it harder for illegal workers to make money in America, both by better securing the border and enacting stronger internal enforcement
- Work with Latin American governments to promote economic and political freedom there—so workers have less incentive to leave home in the first place
Encouraging Mexico and Latin American countries to strengthen their economies could help put an end to illegal immigration.
With American encouragement, Mexico has made tremendous progress on this second front, adding hundreds of thousands of jobs and increasing real wages. But Mexico has to do even better, Heritage’s Stephen Johnson reports, since jobs are being created at a pace slower than population growth. In fact, he reports, “many U.S. cities’ annual economic output rivals those of entire [Latin American] countries.” This is an imbalance which it is in America’s interests to solve—by encouraging these countries to help themselves.
“No country exists to take on the problems of others,” Johnson explains. “On the other hand, all nations dwell in an increasingly interdependent world, and internal problems can have consequences that extend across borders. So it should come as no shock that the U.S. has a strong interest in Mexico’s economic policies and performance.”
Are special interests against America?
La Raza, a Hispanic special interest lobbying group, sent around an e-mail last week about proposed legislation that would encourage new immigrants to learn English and American history. The e-mail complains that “while [the bill] doesn’t overtly mention assimilation, it is very strong on the patriotism and traditional American values language in a way which is potentially dangerous to our communities.”
Since when are patriotism and traditional American values things that anyone in America should be worried about?
In other news
- There’s some heartening news out of Congress that suggests the leadership has the right idea on spending: Majority Leader John Boehner (R-OH) is resisting calls from “moderates” in his party to increase spending in the House budget to match the Senate’s increases. Even this little bit of restraint is a welcome change.
- Rep. Boehner’s predecessor as leader, Tom Delay (R-TX), has said he will abandon his reelection bid and resign his seat in the coming weeks.
- A new study reveals that American workers haven’t saved enough for retirement. The article doesn’t mention another important problem: many of these unprepared workers are relying on government programs to secure them through retirement. And if Congress doesn’t act to reform entitlements now, these programs will start going bankrupt in the coming years, leaving retirees even more in the lurch.
- A jury found confessed al Qaeda terrorist Zacarias Moussaoui eligible for the death penalty. The jury will begin sentencing proceedings on Thursday.
Coming up at Heritage
To attend these or any other Heritage Foundation events, RSVP at Heritage’s events website. Or you can watch these events live online at Heritage.org. All times are Eastern.
- On Thursday, April 6 at noon, author Joshua London will explain America’s first encounter with radical Muslim terrorists: President Jefferson’s war on the Barbary Pirates.
- On Monday, May 1 and Tuesday, May 2, The Heritage Foundation will host its twice-annual President’s Club meeting in Washington, DC. Speakers include House Majority Leader John Boehner (R-OH), United Nations Ambassador John Bolton, television host John Stossel, columnist George Will, and Rep. John Shadegg (R-AZ) of the Republican Study Committee. The event is open to President’s Club members.
Nathaniel Ward is the Editor of MyHeritage.org—a website for members and supporters of The Heritage Foundation.
