"Section 1. 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."
As a result of the Supreme Court's understanding of this sentence, we, the people, are stuck with the perverse phenomenon of, for illustration, the newborn children of illegal immigrants, who happen to be born on U.S. soil, being native U.S. citizens. And now Our Beloved President, by his illegal and unconstitutional decree, grants permanent residency to the very outlaws who came here to birth the citizen-kid, on the nonsensical basis that deporting them would necessarily separate child from parents. In reality, were the parents deported, the kid must rightfully go with those parents to whatever wretched shithole they came from, so that the family will not be torn asunder. But I digress.
Just for the sake of discussion, let us consider the meaning and import of the highlighted words above (taken from the Fourteenth Amendment if you don't know).
The prevailing understanding of the sentence renders those highlighted words void and meaningless. Indeed, under the current understanding those words could be removed completely and the meaning of the sentence would not change.
But obviously the people who drafted those words and voted to ratify them felt that they were necessary to the full meaning of the clause. Let us take the case of a pregnant Canadian woman out sailing with friends on Lake Erie. She goes into premature labor and, as luck would have it, she has the baby while the sailboat is in U.S. waters. Did the drafters of the 14th Amendment intend that this baby should be a natural-born U.S. citizen? In no meaningful sense is the baby "subject to the jurisdiction of" the U.S. or the Commonwealth of Pennsylvania. She is subject to the jurisdiction of Canada/Ontario.
I blush to admit that I have not done the research on the legislative history of this sentence in the 14th Amendment, so I could be all wet, but I think this "anchor baby" thing is yet another case of judicial activism that should be corrected through either legislative or Constitutional action - or maybe a majority of the USSC could be induced to correct the error, given a good test case.
If we eliminate the simple citizenship by birth rule we are left with derivative citizenship; that is citizenship by blood. I suspect that very few people who advocate abolishing citizenship by birth have really considered what that will mean.
If birthright citizenship is eliminated, those born in the United States will lose their access to easy proof of citizenship. Instead, they will find it necessary to turn to the exceptionally complex US rules for citizenship by blood. Proof of citizenship can mean inquires about grandparents as well as parents, about marriage dates and birth dates of ancestors, and about the time that one's parents or grandparents spent in the United States prior to one's birth. This would certainly lead to a national citizenship registry and national identify cards. We would be creating a huge costly intrusive government bureaucracy and to what purpose?
You're making a mountain out of a molehill here. One would only need to go back to their citizen parents or legal resident to gain birthright citizenship. The purpose is to end this scam on granting birthright citizenship to children of illegal aliens. It would put some honor back in to our citizenship and save us billions if dollars supporting their broods. It shouldn't be given away like candy to criminals who snubbed their noses at our immigration laws and just happen to give birth here beginning with their violation of our country's borders.
Going from birthright to derivative citizenship is not a molehill but a mountain and a big one at that. You say all that would be needed is to go back to the parents of the child for proof of their citizenship. And what might that proof be? Once you change the law, our birth certificates would not be proof of citizenship.
Opponents of birthright citizenship assume without any data that illegal immigration will lessen or even stop if birthright citizenship is eliminated. Although there may be some people who might be deterred from coming to the US if birthright citizenship is eliminated, instead of reducing the number of illegal migrants within our borders, changing the current rule will turn even more people into illegal residents, because fewer people will be able to gain legal status. And that's not just children of illegal immigrants but any child born in the US whose parent(s) does not provide the necessary proof of their citizenship.
WTH are you talking about? Of course a birth certificate would be proof of citizenship. Are you nuts? No one is advocating for changing birthright citizenship so that it is retroactive. Once the new law is in place then from that point forward at least one parent would have to be a citizen or legal resident. There is no reason whatsoever that a parent or legal resident couldn't provide proof of their right to be in this country You're grasping at straws now.
Changing birthright citizenship would indeed deter illegal immigration along with employer sanctions via e-verify. That would cut off any means of support here. Just what is your agenda in all of this?
There is no hard data that shows that abandoning birthright citizenship would reduce the amount of illegal immigration. While opponents of birthright citizenship seem to assume without facts that their rule will do some good, we do have a pretty good idea what bad things will happen if we eliminate the birthright citizenship rule:
First, we will have thousands of children born every year who have no citizenship. To cite just one group, under the pending congressional legislation, children of asylees and refugees will have no citizenship. They will be left without a country, creating an underclass of "exploitable denizens." This is what has happened in countries—like France—that do not have birthright as a criteria for citizenship.
Second, the benefit does not seem to outweigh the cost. Why not just take the money we'd use to adjudicate the citizenship status of 300 million Americans and use it to enforce immigration laws?
Third, eliminating birthright citizenship is un-American. This is our unique heritage, one that hundreds of thousands of soldiers—citizens and noncitizens—fought the Civil War to enforce. Birthright citizenship has been the rule since the dawn of the Republic, and we ought to have a pretty damn good reason to change it—one better than some frustration with the federal government's inability to enforce existing immigration law. Further, what we are really talking about here is
punishing children for something "bad" that their parents did—or maybe not even anything bad but just being from the wrong country. We have a clear, long-standing rule of citizenship law—one that is easy to understand and easy to administer.
Finally, changing our rule would cause us to contribute heavily to the current global population of stateless people. And we as a nation have professed that people have a human right to have a country.
In sum, the policy arguments in favor of retaining birthright citizenship as a rule are very, very strong. The policy arguments against it are weak. Even if we believe that it is possible to interpret the Fourteenth Amendment differently than we have been interpreting it for more than a hundred years, it's not clear why we would want to do so. Trading an easy and egalitarian birthright citizenship rule for one that will cause hardship to millions of Americans is not a smart way to solve our complex immigration problems.
http://faculty.polytechnic.org/gfeldmeth/73.birthrightsummary.pdf