An argument to be made about immigrant babies and citizenship essay - essays on citizenship









an argument to be made about immigrant babies and citizenship essay

an argument to be made about immigrant babies and citizenship essayAn argument to be made about immigrant babies and citizenship essay -Put another way, as many as one out of 10 births in the United States is to an illegal immigrant mother. The influential Circuit Court Judge Richard Posner held in a recent court decision that the policy of granting automatic birthright citizenship for children of illegal and temporary aliens is one that “Congress should rethink” and that the United States “should not be encouraging foreigners to come to the United States solely to enable them to confer U. However, illegal immigrants can obtain welfare benefits such as Medicaid and food stamps on behalf of their U. Many of the welfare costs associated with illegal immigration, therefore, are due to the current birthright citizenship policy.Both intended to exclude from birthright citizenship at least some U.The Nigerian media, for example, recently published an article titled, “American Agitations Threaten a Nigerian Practice.” The practice referred to is that of Nigerians traveling to the United States to have a child — a practice that, according to the newspaper, is “spreading so fast that it is close to becoming an obsession.” The U. State Department is not permitted to deny a woman a temporary visitor visa simply because she is pregnant and the legal document she obtains means she is not likely to be stopped at the border.However, several legal scholars and political scientists who have delved into the history of the 14th Amendment have concluded that “subject to the jurisdiction thereof” has no plain meaning and that the executive branch’s current, broad application of the Citizenship Clause may not be warranted.This clause contains two requirements for obtaining U. citizenship by birth: (1) the birth must have occurred within the United States; and (2) the person born must be subject to the jurisdiction of the United States.In California, three Chinese-owned “baby care centers” offer expectant mothers a place to give birth to an American citizen for a fee of $14,750, which includes shopping and sightseeing trips.The child maintains the parent’s foreign citizenship.Despite taxpayers’ assistance, approximately 59 percent of illegal aliens and their U. In total, 21.5 million immigrants (legal and illegal) and their young children live in or near poverty.Before the 14th Amendment, citizenship was granted by states, and subsequently recognized by the federal government.These injustices led to the Civil Rights Act of 1866, which was aimed, in part, at overruling the Dred Scott decision and which laid the groundwork for enactment of the 14th Amendment two years later.In California, Arizona, Texas, and Colorado illegal aliens and their U. It is important to remember that births to illegal aliens are not spread evenly throughout the United States.Of course, states offer additional welfare benefits as well. Antonovich recently released data from the Los Angeles County Department of Public Social Services indicating that children of illegal aliens in Los Angeles Country received $50 million in welfare benefits during the month of February 2010 alone.The countries that have ended the practice in recent years include the United Kingdom, Australia, Ireland, India, Malta, New Zealand, and the Dominican Republic.All of these children are considered by the executive branch of the U. Put another way, greater efforts at barring illegal aliens from federal welfare programs will not significantly reduce costs because their citizen children can continue to access the benefits.Countries practicing jus sanguinis will not automatically grant citizenship to a child born within their borders if that child is born to parents who are foreigners.The ascriptive approach to citizenship simply did not comport with the purpose behind the American Revolution.Barbados and Antigua & Barbuda may also be ending the practice as the nations look for ways to cope with illegal immigration.Of the 1,130,818 immigrants who were granted legal permanent residency in 2009, a total of 747,413 (or, 66.1 percent) were family-sponsored immigrants. This number continues to rise every year because of the ever-expanding migration chains that operate independently of any economic downturns or labor needs.Zhou says that he and his wife have helped up to 600 women give birth in the United States within the last five years.Most countries practice jus sanguinis, also known as citizenship by descent, or citizenship by “right of blood.” Under this system, a child acquires the parent’s citizenship upon argument to be made about immigrant babies and citizenship essayThe Act declared, among other things: Two years later in 1868, the Citizenship Clause of the 14th Amendment would be closely patterned on the citizenship declaration of the 1866 Act.As such, they knew that the very concept of citizenship was unknown in British common law.For a $35 daily fee, television, internet, and three meals are provided.The birth tourism industry illustrates how the executive branch’s permissive birthright citizenship policies can have the effect of transferring control over the nation’s immigration policy from the American people to foreigners.The issue of birthright citizenship for the children of aliens who have not been admitted for permanent residence cannot be resolved in isolation from other immigration issues.In the aftermath of the Civil War, some states were preventing freed slaves form gaining federal citizenship by denying state citizenship.Expectant mothers can schedule a Caesarean or simply arrive a few weeks before their due date.Despite the foreign citizenship and illegal status of the parent, the executive branch of the U. government automatically recognizes these children as U. Since large-scale tourism and mass illegal immigration are relatively recent phenomena, it is unclear for how long the U. government has followed this practice of automatic “birthright citizenship” without regard to the duration or legality of the mother’s presence.Consequently, the practice of granting automatic birthright citizenship allows a seemingly temporary admission of one foreign visitor to result in a permanent increase in immigration and grants of citizenship that were not necessarily contemplated or welcomed by the American public.Similarly, the Tucson Medical Center (TMC) in Arizona offers a “birth package” to expectant mothers and actively recruits in Mexico.Nationwide, 40 percent of illegal alien-headed households receive some type of welfare.Over the past few decades, many countries that once did so — including Australia, Ireland, India, New Zealand, the United Kingdom, Malta, and the Dominican Republic — have repealed those policies. In the United States, both Democrats and Republicans have introduced legislation aimed at narrowing the application of the Citizenship Clause. Harry Reid (D-Nev.) introduced legislation that would limit birthright citizenship to the children of U. citizens and legally resident aliens, and similar bills have been introduced by other legislators in every Congress since. Nathan Deal (R-Ga.) of the “Birthright Citizenship Act of 2009,” which so far has gathered nearly 100 sponsors.At a conceptual level, then, it was fundamentally opposed to the consensual assumptions that guided the political handiwork of 17.being required to follow laws and pay fines for violations).But such an interpretation creates a redundancy in the 14th Amendment, as all people born in the United States are subject to the laws of the land.S.-born persons where a competing claim of subjectship or citizenship existed.The paper concludes that Congress should clarify the scope of the Citizenship Clause and promote a serious discussion on whether the United States should automatically confer the benefits and burdens of U. citizenship on the children of aliens whose presence is temporary or illegal.S.-born children account for roughly a fifth of the those in poverty. S.-born children of illegal aliens as citizens has the statistical effect of increasing the percentage of U. Some states, particularly those closer to the southern border, carry a much larger burden.As Blackstone explained, the “natural-born subject of one prince cannot by any act of his own, no, not by swearing allegiance to another, put off or discharge his natural allegiance to the former…Family-sponsored immigration accounts for most of the nation’s growth in immigration levels. immigration laws in the late 1950s — one that allowed for the admission of extended family members outside the nuclear family — resulted in the average annual flow increasing from 250,000 then, to over 1 million today. an argument to be made about immigrant babies and citizenship essay Because the current policy has not been taken through the standard legislative or regulatory processes, it has become official practice without any input from the American public or their elected representatives.The idea of birthright subjectship is derived from feudal law.According to Selin Burcuoglu, a Turkish woman who traveled to the United States to give birth last year, the process was easy: “We found a company on the Internet and decided to go to Austin for our child’s birth. I don’t want her to deal with visa issues — American citizenship has so many advantages.” Birth tourism can be a lucrative business for immigrants who facilitate the travel and birthing process for their former countrymen. The Turkish-owned Marmara Hotel group offers a “birth tourism package” that includes accommodations at their Manhattan branch.“Black Codes” passed into law by some states denied many other civil rights.Add to this the fact that immigration authorities are less likely to deport a visitor who overstays their permitted time if they have a U. citizen child, and one ends up with an immigration policy quite different from that which was originally intended.At the most basic level, Americans were quite obviously committed to the principles of a consensual government and also the right of expatriation — particularly since the British continued to demand the allegiance of their former subjects well into the nineteenth century.The 1866 Act drew the line by excluding persons “subject to any foreign power,” while the 14th Amendment included only persons “subject to the jurisdiction” of the United States.and it is unreasonable that, by such voluntary act of his own, he should be able at pleasure to unloose those bands, by which he is connected to his natural prince.”“[B]irthright citizenship originated as a distinctively feudal status intimately linked to medieval notions of sovereignty, legal personality, and allegiance.The overwhelming majority of the world’s countries do not offer automatic citizenship to everyone born within their borders.According to the Texas Health and Human Services Commission, between 60,000 to 65,000 babies are born to illegal aliens in Texas every year, representing about 16 percent of total births statewide.The United States is one of the few countries with this system.Accepting the premise that “subject to the jurisdiction thereof” simply means being “subject to police power” turns a critical and carefully-written portion of the Citizenship Clause into a redundancy.A small number of countries practice jus soli, or citizenship by “right of soil.” Under this system, a child automatically acquires the citizenship of the country in which the birth takes place.The result is that the guestworker makes the case for indefinite stay based on the principle of “keeping families together” — an argument that is often successful at stopping an alien’s deportation. An entire industry of “birth tourism” has been created and the phenomenon of pregnant women traveling (legally) to the United States specifically for the purpose of giving birth on U. soil has grown largely without any debate in Congress or the consent of the public. If you register the birth, it’s automatic that your baby can get an American passport,” said Kim Jeong Yeon, a Korean woman who traveled to the United States on a tourist visa while six months pregnant.In the United States, birthright citizenship has been the subject of congressional hearings and proposed legislation for at least the past two decades.Between 300,000 and 400,000 children are born to illegal immigrants in the United States every year. citizens who enjoy the same rights and are entitled to the same benefits as the children of U. The sponsored spouse can, in turn, sponsor her own foreign-born parents and siblings, and the siblings can, in turn, sponsor their own foreign-born spouses, and so on, generating a virtually never-ending and always-expanding migration chain. The voices calling for a change to the current application of the Citizenship Clause of the 14th Amendment are quite diverse and are not limited to activists and policymakers. Most benefits Americans would regard as “welfare” are not accessible to illegal immigrants.It is the most current research on global birthright citizenship data. The two citizenship benefits that have drawn the most attention in the birthright citizenship debate are, first, food assistance and other welfare benefits to which a family of illegal aliens would not otherwise have access, and second, the ability of the child when he grows up to legalize his parents, and also to bring into the United States his foreign-born spouse and any foreign-born siblings. soil can cement an immigrant’s presence in the United States, provide access to welfare benefits, and ultimately initiate chain migration of the child’s extended family and in-laws, children born to illegal aliens and legal temporary visitors are sometimes referred to as “anchor babies.” These benefits have contributed to the growth of a “birth tourism” industry.Although automatic and universal birthright citizenship is not the only contributor to chain migration, ending it would prevent some of this explosive growth.Although the United States is practicing jus soli when it grants automatic citizenship to children born to illegal immigrants, historians generally agree that the two citizenship principles that have vied for supremacy in Anglo-American law are that of ascription and consent — whether citizenship is ascribed to a person based on circumstances outside his control or whether there must be some form of consent by the individual and the state.Every year, 300,000 to 400,000 children are born to illegal immigrants in the United States. The same is true of children born to tourists and other aliens who are present in the United States in a legal but temporary status. an argument to be made about immigrant babies and citizenship essay This is one of the reasons why some have said that “there is often nothing more permanent than a temporary worker.” Birth Tourism. “If they could afford it, all my friends would go to the United States to have their babies,” she said. I had no problem adjusting and I had an excellent birth.Some scholars have written that the United States has adopted elements of both ascription and consent, without ever adequately reconciling them into a practical, unified, or effective policy — something that must occur if the United States wishes to successfully address complex issues involving immigration and citizenship. Political historians note that the founders the United States sought a citizenship policy different from that found in British common law.The phrase “birthright citizenship” is derived from “birthright subjectship,” a phrase that described the perpetual allegiance to the King of England owed in medieval times by anyone born within his realm. Erler, Professor of Political Science at California State University: “The framers of the Constitution were, of course, well-versed in the British common law, having learned its essential principles from William Blackstone’s Commentaries on the Laws of England.Nevertheless, the practice has become the de facto law of the land without any input from Congress or the American public.Under any large-scale guestworker program, it is likely that tens of thousands of children would be born on U. But immigration authorities cannot deport the guestworker’s citizen child along with the overstaying guestworker.Only 19 percent of households headed by native-born citizens make use of a major welfare program.Only 30 of the world’s 194 countries practice jus soli.“We don’t encourage moms to break the law — just to take advantage of it,” explains Robert Zhou, the agency’s owner.The cost reportedly ranges from $2,300 to $4,600 and includes a hospital stay, exams, and a massage. “These are families with a lot of money, and some arrive on private jets and are picked up by an ambulance and brought here,” said Shawn Page, TMC’s administrator of international services and relations.The report estimates that 23 percent of all CALWORKS and food stamp issuances in Los Angeles County are to illegal immigrant parents who collect on their U. The supervisor estimates that illegal immigration and birthright citizenship cost taxpayers in Los Angeles County over $1 billion annually, not including education costs.A recent survey found that only 33 percent of Americans support the practice of granting automatic citizenship to children born to illegal aliens. Countries generally adopt one of two systems for granting citizenship to children — jus sanguinis or jus soli.Zhou believes that a cheaper education is often a motivating factor and his pitch to prospective clients includes the notion that public education in the United States is “free.” One of his clients, Christina Chuo, explains that her parents “paid a huge amount of money for their education” in the United States because they were foreign students; having an American citizen child permits her child to acquire the same education at a lower tuition.The report estimates that between 20, births to illegal immigrant women totaled 542,152 in Texas alone. A child born to illegal aliens in the United States can initiate a chain of immigration when he reaches the age of 18 and can sponsor an overseas spouse and unmarried children of his own.The second requirement imposes a consensual qualification to birthright citizenship.This threshold varies from country to country; for example, some countries will determine the child’s citizenship based on the father’s citizenship, while others will look to the mother’s citizenship.Turkish doctors, hotel owners, and immigrant families in the United States have assembled what amounts to a birth-tourism assembly line, reportedly arranging the U. “We hosted 15 families last year,” said Nur Ercan Mağden, head manager of The Marmara Manhattan, adding that the cost was $45,000 each.The liberty sought by the Founders required citizenship, rather than subjectship, as only the former allowed the individual to leave his nation at any time of his choosing — a freedom not possible under British common law.Advocates of maintaining this citizenship policy argue that the plain language of the Citizenship Clause of the 14th Amendment protects automatic birthright citizenship for all children born to illegal and temporary aliens.Over the last few decades, many of those few countries with automatic birthright citizenship policies have changed their law as a means of discouraging illegal immigration and to give citizens more control over the future of their societies.Eminent legal scholars and jurists, including Professor Peter Schuck of Yale Law School and U. Court of Appeals Judge Richard Posner, have questioned whether the 14th Amendment should be read to mandate such a permissive citizenship policy. an argument to be made about immigrant babies and citizenship essay The Nigerian media, for example, recently published an article titled, “American Agitations Threaten a Nigerian Practice.” The practice referred to is that of Nigerians traveling to the United States to have a child — a practice that, according to the newspaper, is “spreading so fast that it is close to becoming an obsession.” The U. State Department is not permitted to deny a woman a temporary visitor visa simply because she is pregnant and the legal document she obtains means she is not likely to be stopped at the border. an argument to be made about immigrant babies and citizenship essay

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