Anchors Away

Thursday, June 17, 2010

Protesters against Arizona's immigration law

Borrowing a line from the '70s hit movie "Network," the people of Arizona are apparently "mad as hell and [they're] not going to take it anymore," as far as illegal immigration is concerned. On the heels of Arizona's controversial immigration law is proposed legislation from Arizona state senator Russell Pearce that would block the children of illegal immigrants -- so-called "anchor babies" -- from becoming citizens, even though born in the United States. Explaining his rationale, Pearce stated, "This is an orchestrated effort by [illegal immigrants] to come here and have children to gain access to the great welfare state we've created."

At issue is not the fact that "anchor babies" could potentially provide a long-term path for citizenship to their illegal-immigrant parents, but rather this: If these children are indeed U.S. citizens by birth (i.e., entitled to so-called "birthright" citizenship), what then happens to them? What happens to their parents? The problem supposedly pits law against compassion. The prevailing wisdom is that allowing the illegal-immigrant parent to remain in the U.S. with their child averts a greater injustice: permitting the "citizen" child to stay in the U.S. while deporting the parent, or else deporting them both -- effectively "deporting" a U.S. citizen. Thus, the problem hinges on the child's citizenship status.

Accordingly, opponents of Pearce's proposal point out that the 14th Amendment to the Constitution grants citizenship to anyone born in the United States. The plain language of the amendment itself, however, states that in addition to being born or naturalized in the United States, those seeking citizenship must be subject to U.S. jurisdiction. Case law and context surrounding the drafting of the 14th Amendment clearly reveal that "jurisdiction" does not mean simply being subject to U.S. laws and courts; rather, it means exclusive allegiance to the United States. Hence, American Indians were not considered U.S. citizens even after passage of the 14th Amendment, because their allegiance vested in their tribes, not the U.S. This concept is discussed at length in the landmark case of Elk v. Wilkins (1884). In like manner, so the argument goes, children of illegal immigrants -- who obviously don't meet the above definition -- cannot reasonably be considered "citizens," because their allegiance is tied to that of their parents.

The real problem with "anchor babies" is that the child is made a pawn of a scheme to circumvent existing immigration laws by "anchoring" the illegal-immigrant parent in the U.S. on the basis of their child's citizenship. Thus, the problem is twofold. First, we simply must enforce existing immigration laws. We are either a nation of laws or we are not, and if we are not, then we have lost one of the keystones that set America apart from virtually every other nation on earth. As Arizona Gov. Jan Brewer notes, "We are a nation of laws. That is why we are American. And there are consequences, unfortunately."

Second, real immigration reform is needed to allow productive, law-abiding immigrants a viable path to resident alien or citizen status. That path currently doesn't exist for many because of immigration laws biased against targeted countries, particularly Mexico. Of course, anti-immigrant sentiment -- largely produced from current failures to enforce existing immigration laws at the federal level -- has produced a host of unintended consequences exacerbating the basic problem.

However, one good start on the road to reform is closing the "anchor baby" citizenship loophole, thus removing a strong incentive to immigrate illegally. Congress can and should do this. As evidenced by Congress' offer of citizenship to numerous Indian tribes beginning in 1870, Section 5 of the 14th Amendment provides Congress the power to define who is properly within the jurisdiction of the United States ... and who is not.



Comments

Ruth Ann Wilson

Go, Arizona.

This question has needed to be settled for a long time. I heard Senator Pearce tell about this legislation. He invites a "lawsuit", and he wants to go to the Supreme Court, He knows he is right and he is, as stated in the facts, in the above article.

I admire the boldness and courage of these Arizona legislators, the Governor Jan Brewer, they are standing on their "Rights", to protect their people, and God Bless them and give them "stamina" to go forth to Victory.

New Hampshire seems to be "putting on some strength, too." They have a State motto, that should inspire them to stand for their "Rights", "Live Free or Die".

I am thankful for these 10th Amendment Strongholds.

For God & Country

The American

Posted June 17, 2010 at 2:04:30 PM


Howard Last

Another important item to get rid of is so-called sanctuary cities. That is where police if they come across an illegal alien (oops undocumented worker, I am not PC) can not turn him/her over to the INS. The various state legislators should ban this practice. A law(s) is required that would have a mandatory prison term and fine for any official or police officer that does not turn an illegal alien over to the INS. Any city that has a sanctuary policy must lose any aid received from the state. Even here in Wyoming we have a sanctuary city, Jackson. Jackson has many fruits and nuts that came from Kalifornia. The next step for Arizona citizens to take is to throw McRINO out at the primary. Remember McRINO wanted amnesty for illegal aliens. And don't forgte that other RINO, Dubya. Here in Wyoming we have a primary for governor in Aug. One candidate is Colin Simpson. His father sponsored the first amnesty bill in the 80's. Simpson must be thrown out because an apple does not fall from the tree.

Posted June 17, 2010 at 2:29:46 PM


Brittanicus

STOP THE IRATE COMMENTARY AND DO SOMETHING

If you want to stop 20 to 30 illegal immigrant invasion, it's overpopulation potential and reduce the amount of money stolen from your pay check to pay for their welfare, education, health treatment join the growing numbers of NUMBERSUSA. There are billions of dollars going overseas, across the border from those illegally working here--there feeding off us like parasites. Over a million people now realize we must unite to stop this epidemic--JOIN NUMBERSUSA--as a silent activist and remain anonymous, where radical open border zealots cannot torment you with racist slurs.

Many Americans and legal residents stay in the shadows because of the chance of being verbally or even physically attacked. Have a voice in this travesty of our immigration laws. Learn the poor immigration grades of pro-amnesty politicians and eject them from office. Numbersusa is building an army of anti-illegal immigration advocates and we need your vote, to stop this violations of our freedoms, our right. ONE FLAG, ONE LANGUAGE, AND THE US CONSTITUTION. Fight for the Arizona policing law and mandate similar for every state in our Union. Why only 1200 troops on our border to defend innocent Americans in fighting the drug cartels and other criminals, but will send 17000 national guard for oil cleanup? Fight back against the Instant Citizenship "Anchor Baby" law which has been misinterpreted?

Posted June 17, 2010 at 5:59:47 PM


Warren Pledger

Arizona is a battle state...leading the way for illegal alien reform, tax reform and government spending budget cut reform.

Ken Silverstein of Harper's Magazine tries to paint Arizona legislators in a negative light for recent legislation including the immigration bill.

http://www.examiner.com/examiner/x-48675-Hillsborough-County-Conservative-Examiner~y2010m6d16-A-repsonse-to-Ken-Silversteins-tea-party-in-the-sonora

Posted June 17, 2010 at 10:05:15 PM


JeanJeannie

Finally there's a state and politicians that are standing up for our own citizens. If it take a civil war, so be it. Our country is worth fighting for, even if my neighbor just wants to give it away, I won't. Stop this invasion, no mater what it takes.

Posted June 18, 2010 at 5:06:50 AM


Etraveler13

It SHOULD be very simple. If a child is born in the US, and if, under US Immigration law, the parents of this child are here illegally, then the child reverts to the citizenship of the parents. This is:

1. for the safety and welfare of the child.

2. to enforce current Immigration law

3. to prevent encouragement of babies born in the US to garner favor for citizenship not afforded to other illegals.

Bottom line: Children's citizenship must be assigned to the parents citizenship, regardless of birthplace. Parents in the process of citizenship, and having a child in the US will confer US citizenship to their child at the time they successfully pledge allegiance to the US. Failure to complete the process, reverts citizenship of the child to the parents current nation of origon. There should be a time limit established to finish citizenship, and requirements to be good interim citizens of the US.

Posted June 18, 2010 at 11:59:15 AM


BRD

Your article, and Etraveler13's comments regarding the 14th Amendment are spot on. The fact that Arizona must defend these rights for their citizens - and that the existing fascist federal government not only won't but takes every opportunity to block that effort - PROVES that those in charge in Washington are traitors to this country and deserve to be and must be prosecuted to the fullest extent - if not by DOJ, then by the people. It WILL come down to one OR the other soon. While there are still 2 left from which to choose, which side are YOU on?

Posted June 18, 2010 at 12:18:54 PM


Bob W

Until Socialist Liberals learn we cannot care for the entire world's population, this will be an on-going battle.

The problem is, liberals won't learn and don't really care when they vote to take more and more of your hard-earned money away to give it to all others, including illegal aliens.

There is no denying that philosophically, contemporary Liberals are Marxist followers. One cannot reasonably argue that point otherwise.

Americans must chose in November, Marxism or Capitalism, plain and simple.

Buy everything Arizona, Boycott everything LA, CA!

Posted June 18, 2010 at 12:48:58 PM


Constitutionalist

There's only one thing left to communicate to those fascists in the US government who vow to override our Second Amendment rights with a UN resolution: "BANG".

Posted June 18, 2010 at 1:43:10 PM


Michael Mars

I am proud to be an Arizonan! Jan Brewer has bigger stones than most politicians. She was forced to make SB1070 a law due to the inaction of the feds to enforce their own laws. The illegals are illegal, period. I am all for legal immigration. The illegals get free medical,food and education but when they make money, do they pay back for all those free services? No- they send it out of our country! With the economy the way it is we don't need this double-whammy. SB1070 doesn't racially profile...I get asked for my ID all the time, what's the big deal? If someone is illegal,they gotta go. With all the American-haters in the world,don't you think it would be smart to secure our borders? Shame on everyone who opposes this law just to curry favor of the fastest growing demographic in our land, SHAME !

Posted June 18, 2010 at 2:18:19 PM


desert

The solution, since obama the inept can't seem to get his head straight...is to reestablish the Arizona Rangers...many volunteers can and will defend this state against invaders. We did it on San Juan Hill with Teddy Roosevelt, we can sure as hell do it again!

Posted June 18, 2010 at 2:59:05 PM


Hoss

It makes me sick to see what is happening to the America I grew up in and how Communism has prevailed.

Now Corportism, Liberalism, liars, smoke and mirrors and narrcissim has taken over. Truth Justice and the American way is being destroyed by Illegal lawbreakers and corrupt politicisns with an agenda of World domination, control and wealth. Arizonians are standing up for their Alamo only to be overrun by Mexicans and Liberal do nothing Politicisns. Who by the way are complete Idiots! without brains, ethics and Patroitism.

Posted June 18, 2010 at 3:37:50 PM


Robert G.S. Plant, USN, Ret.

DESERT: Right on! Former military, former EOD, Expert with rifle, pistol or dynamite,not the man I once was, every bit the man I ever was, once----where do I sign up? Arizona Rangers, let's go! Jan Brewer, and the AZ legislature is 'right on' and there are many other States that are following the lead. VA is most recent. It is written; "--should the government disregard the People, it is the DUTY of the People to remove that government, and replace it---." Not exact, but it is correct. Time is NOW! We cannot afford to wait for November. Out with these thugs in D.C.!

Posted June 18, 2010 at 3:41:44 PM


Arizona Lawyer John

For Congress to circumvent the plain language of the 14th Amendment by defining "jurisdiction" would be a stretch and would have a hard time standing up to constitutional challenge. Better to amend the Constitution to define "citizenship" as belonging to one who has at least one parent who is a U.S. citizen, or who is naturalized. Obviously neither strategy could be implemented as long as the Deconstructionists hold both houses of Congress and the White House.

Meanwhile, all we can do is to continue to fight a rear-guard action to protect what's left of the country we love. At the forefront of this battle are many friends of mine who are naturalized citizens from Mexico, who are proud of their EARNED U.S. citizenship and are horrified to see Americans throw away the freedoms and values they worked so hard to achieve.

Posted June 18, 2010 at 4:10:07 PM


Kathy

I say "Go Senator Pearce!" and I wish Texas would do the same thing before English becomes the second language and our flag turns green.

Posted June 19, 2010 at 9:57:26 AM


Frank E.

06/19/10

If you really really want the COUNTRY our founders

gave too us with ONE FLAG the AMERICAN ENGLISH

LANGUAGE and our CREATOR INSPIRED CONSTITUTION,WE

must RID OURSELVES of the"SOCIAL DEMOCRATIC PARTY

of TREASON".SEAL our SOUTHERN BORDER.TEACH OUR

CHILDREN OUR CONSTITUTIONAL RULE of LAW.ELECT ONLY

THOSE that VOW CONSTITUTION RULE OF LAW.LET US

PRAY WE FIND MORE of 56 FOUNDERS!

Posted June 19, 2010 at 11:28:52 PM


ebnemaofthestatistquo

Isn't the Major League Baseball All-Star game supposed to be played in Phoenix, AZ this year? Or am I mistaken?, because I just saw an advertisement for the All-Star game in Angels Stadium, Anaheim, CA. Perhaps, we should boycott MLB except for the D-Backs, you know sort of like the "Don't Tread on Me(D-Backs)" flag.

Posted June 20, 2010 at 8:03:58 PM


enemaofthestatistquo

Please check out my blog on TH, especially the Amendment.

Posted June 20, 2010 at 8:06:02 PM


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