Automatic Citizenship for Children of Illegals? Global Trend Is Toward Tighter Policies

netwmd.com ^ | 9/3/2010 | cis.org

[forty_years]

WASHINGTON (August 31, 2010) -- Every year, 300,000 to 400,000 children are born to illegal immigrants in the United States, each one of them automatically a U.S. citizen despite the illegal status of their parents. This practice of automatic, or birthright, citizenship is not the result of any specific legislation, regulation, executive order, or judicial ruling, and yet has become de facto law of the land.

This has recently become an issue of political controversy, but has been debated for many years. Legislation aimed at narrowing the scope of birthright citizenship has been introduced in every Congress for many years, and the latest iteration has attracted nearly 100 sponsors in the current Congress. Likewise, some leading legal scholars and jurists have long questioned whether such a permissive citizenship policy is constitutionally mandated.

The international trend is clearly away from universal birthright citizenship. Those countries that have ended the practice in recent years include the United Kingdom (1983), Australia (1986), India (1987), Malta (1989), Ireland (2005), New Zealand (2006), and the Dominican Republic (2010). The overwhelming majority of the world’s countries do not offer automatic citizenship to everyone born within their borders.

In a new report, 'Birthright Citizenship in the United States: A Global Comparison,' the Center for Immigration Studies' legal policy analyst Jon Feere reviews the history of the issue in American law and presents the most up-to-date research on birthright citizenship policies throughout the world. The global findings are the result of direct communication with foreign government officials and analysis of foreign law. The report concludes that Congress should promote a serious discussion about whether the United States should automatically confer the benefits and burdens of U.S. citizenship on the children of aliens whose presence is temporary or illegal.

Among the findings:

• Only 30 of the world's 194 countries grant automatic citizenship to children born to illegal aliens.
• Of advanced economies, Canada and the United States are the only countries that grant automatic citizenship to children born to illegal aliens.
• No European country grants automatic citizenship to children of illegal aliens.
• The global trend is moving away from automatic birthright citizenship as many countries that once had such policies have ended them in recent decades.
• 14th Amendment history seems to indicate that the Citizenship Clause was never intended to benefit illegal aliens nor legal foreign visitors temporarily present in the United States.
• The U.S. Supreme Court has held that the U.S.-born children of permanent resident aliens are covered by the Citizenship Clause, but the Court has never decided whether the same rule applies to the children of aliens whose presence in the United States is temporary or illegal.
• Eminent scholars and jurists, including Professor Peter Schuck of Yale Law School and U.S. Court of Appeals Judge Richard Posner, have concluded that it is within the power of Congress to define the scope of the Citizenship Clause through legislation, and that birthright citizenship for the children of temporary visitors and illegal aliens could likely be abolished by statute without amending the Constitution.

Contact: Jon Feere, jdf@cis.org, (202) 466-8185

[forty_years]

Yeah, the Europeans are so superior to us barbarians: "No European country grants automatic citizenship to children of illegal aliens."

[GOP Poet]

Very helpful. Thanks for the post.

[Monorprise]

I still support repealing the 14th amendment, for the other issues of:
* Roe V. wade (Product of Incorporation)
* The Establishment of the official religion of atheism (again Product of Incorporation).
* Racist affirmative action.
* and now Federal imposition of “Gay marriage”.

The 14th amendment was written by irresponsible short sighted radicals. They never intended 90% of the things their irresponsible and ill-conserved acts resulted in. That includes their acts in waging the “Civil War” which had a wide arrange of very oppressive consequences that result from transforming a once voluntary union of free men to an involuntary union of inescapable government servitude.(something that undermines the whole legitimate of the United States from inception).

But again the radical republicans of the 1960’s were the radical liberals of their day. Terrible short sighted, irresponsible, tyrannical, and destructive.

So once again just repeal the abominable 14th don’t try to modify it.
Or better yet convene the majority of our population and our government that it was never property radiated in the first place seeing as 11 of its radiators only radiated it under the gun.(hardly a basis to declare a legitimate ratification)

It is a regrettable fact that history is written by the victors not only in the books, but in the irresponsible laws.

[GnuHere]

Those numbers are absolutely staggering, then you can assume exponential increases after that. Holy “carp”.

[Red Dog #1]

Actually, there are a number of “Progressive” polices Europe follows that would cause an American Leftists head to spin off. For instance, may churches receive public funds for building maintenance, cops can stop an question you with little regard for probable cause, etc.

[john drake]

Well Europe may not grant citizenship to children of illegal immigrants but doesn’t do anything to kicking them out until the last few weeks, and that’s primarily with gypsies who’ve been hanging around Europe for a thousand years. In fact, Germany imported it’s dirty work employees from Turkey who are considered “guest workers”, not citizens, however they’re the largest minority in Germany now, are muslim, and as far as I know, the millions of them don’t consider themselves guests anymore, but citizens. Try and kick them out, Germany. especially with your history. Although I’d give them an Iron Cross First Class, with oak leaves, swords and diamonds if they did. Europe, as we knew it, is dying an ugly death and doesn’t have the sense to stop it, yet, but if it has any sense of survival, it’s going to get ugly, but survival is seldom pretty.

[Jabba the Nutt]

"This practice of automatic, or birthright, citizenship is not the result of any specific legislation, regulation, executive order, or judicial ruling, and yet has become de facto law of the land."

Is there a lawyer in the house? Is there any reason why this cannot be changed by a sense of the Congress resolution?

[forty_years]

Is there a lawyer in the house? Is there any reason why this cannot be changed by a sense of the Congress resolution?

Yes, but many Democrats are looking for new votes, and many Republicans are looking for cheap labor... Which is why we should throw the whole lot out and have a third party.