THE BIRTHRIGHT OR ANCHOR BABY SOLUTION: AMENDMENT XIV

 

A man and woman holding hands in the shape of heart.
Amendment XIV, Section 5, contains the solution to the anchor baby issue.

One week before the 2018 election, President Trump indicated that he would use an Executive Order to eliminate automatic citizenship for all babies born in the United States regardless of the citizenship or immigration status of the parents. However, the best solution for the birthright or anchor baby issue is contained in Section 5 of Amendment XIV. The automatic citizenship of each birthright or anchor baby is based on current application of this Amendment. The first sentence of Section 1 of Amendment XIV states, All persons born or naturalized in the United States and subject to the jurisdiction thereof (of the United States), are citizens of the United States and of the State wherein they reside (emphasis and parenthetical remark added). Section 5 of this Amendment is essential to understand the most promising means of addressing the birthright or anchor baby issue. Section 5 states, The congress shall have power to enforce, by appropriate legislation, the provisions of this article. This section gives congress the constitutional authority to correct the current application of Amendment XIV related to the birthright or anchor baby issue.

Understanding the definition of jurisdiction in Section 1 of the Amendment is necessary to discuss the application of Section 5 as a solution to the birthright or anchor baby issue. The Miriam-Webster On-Line Dictionary defines jurisdiction as, the authority of a sovereign power to govern or legislate, or exercise authority. Obviously, Section 5 gives congress the ability, jurisdiction, to formulate appropriate legislation to delineate the nature of the relationship between the legality and nature of the immigration status of the parents of a baby born in the United States to the citizenship of their baby. A simple example of such legislation could read, Pursuant to Amendment XIV, Section 5, of the Constitution of the United States of America, only persons with one parent who is a native born or naturalized citizen of the United States or a legal permanent resident of the United States are citizens of the United States and the State wherein they reside. This is a simple and unambiguous example of potential legislation that eliminates the birthright or anchor baby and anchor baby tourism issues.

The proposed legislative solution to anchor babies would eliminate one of the most powerful incentives to illegal immigration. Our immigration policy stresses maintenance of family unites or chain migration. Birthright or anchor babies enable the extended family members to move to the top of the legal immigration line. Anchor baby illegal immigrant parents, the baby’s siblings, grandparents, aunts, uncles, and cousins normally move to the top of the legal immigration list. If the extended family of each relative in the extended family of the anchor baby is added to the potential list of legal immigrants, the number of legal immigrants either grows exponentially; or the number of other immigrants is reduced when annual quotas are reached. Anchor babies are a critical part of the progressive plan to transform our nation. Consequently, the birthright or anchor baby is a powerful incentive for illegal immigration to the United States.

In my opinion, it is time to eliminate citizenship for each birthright or anchor baby.

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