It appears that the struggling economy is not enough to keep our government representatives busy these days.
Rep. Brian Bilbray (R-CA) is pressing hard for a legal reinterpretation of the 14th Amendment. Former champion of immigration reform, Republican Senator Lindsey Graham of South Carolina now strongly advocates for a constitutional amendment to deny United States citizenship to children of illegal aliens to stop the “anchor babies” phenomena. “Anchor babies” is a term used by many to describe when illegal immigrant women rush to the border just to “drop” their babies so that the children can gain U.S. citizenship. This, a supposed pretext, would then allow U.S. citizen children to act as the gateway to permanent legal citizenship for the illegal immigrant. Arizona Republican Senator John McCain, on record as an ardent supporter of immigration reform, now advocates for senatorial hearings on whether the 14th Amendment should deny “anchor babies” citizenship.
The legal argument framed by Rep. Bilbray is that the 14th Amendment confers U.S. citizenship only to those individuals subject to U.S. jurisdiction. Since an illegal alien cannot be tried for treason, the alien is not subject to U.S. jurisdiction.
Rep. Bilray’s reasoning is flawed. But to understand the flaw, we must first revisit the central passage of the law. The 14th Amendment to the United States 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.”
When reading the passage, it is undeniable that our forefathers conferred citizenship to persons subject to United States jurisdiction. A plain reading of the single sentence demonstrates that the jurisdiction was important. Otherwise, why have it there at all?
Now for the red meat. Persons who are physically within the United States are subject to U.S. jurisdiction. That’s it!
There is no free pass from observing the laws of our great nation if you are an illegal alien. If you commit a crime, you can be punished. If you walk on the street, you must obey local ordinances. Travel across state lines and commit a crime, you are subject to the laws of the state you are physically in. If you murder, you can be tried and punished for life. In some states, you can face the death penalty. It is not just the crime of treason for which a person physically in the U.S. can be punished. Recall a short news cycle ago when we heard about legal Russian immigrants who were charged as Russian spies. They were subject to U.S. jurisdiction.
Simply put, the 14th Amendment and its requirement that a person be subject to this country’s jurisdiction is conferred on all people at local, state, and national levels.
If there is true concern that illegal immigrants are stormtrooping our borders, let’s leave the babies alone. Shouldn’t we have a permanent solution to our pressing immigration problem? If not now, then when will it be time for true immigration reform.