People are fussing over anchor babies, and well, they should. You know the definition: a baby born to parents illegally on American soil. Today, those babies get U.S. citizenship. The courts have ruled. Why? Pressure from the left? Judges have their own agenda?
Maybe the judges simply don’t know, or understand, our Constitution. If a foreign diplomat’s wife has a baby here, is it a U.S. citizen? No. The baby is a citizen of the diplomat’s country. If a U.S. couple is on assignment in Germany, and has a baby, is it a German citizen? No. The baby has the citizenship of its parents, American.
Judges, and folks not in the know, fall back on Section 1 of the 14th Amendment to justify their proposition that anchor babies have U.S. citizenship: “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.”
First, notice it reads, “the state wherein they reside.” The dictionary defines reside as “to dwell permanently or for a considerable time.” Do people who are here illegally reside in any state in the manner of that definition? I don’t think so. The founders must have meant persons born of state-resident parents who may have been citizens or may have been legal, documented immigrants, both groups subject to U.S. jurisdiction.
More importantly, what of “and subject to the jurisdiction thereof?” In the earlier example, a diplomat is not subject to U.S. jurisdiction. So, the 14th Amendment does not confer U.S. citizenship to a baby born on American soil to foreign diplomat parents.
Would an illegal alien couple be subject to U.S. jurisdiction? No. How could they be? First, they are citizens of, and subject to the jurisdiction of, some other country. Next, they are unknown, nonresidents, not registered and not documented. They have no records and cannot, and could not, be subject to our government’s jurisdiction.
So the 14th Amendment does not confer U.S. citizenship to a baby born on American soil to illegal parents. Such baby has the citizenship of its parents from some other country.
This issue is not about feelings, compassion and giving. Americans have proven themselves to be the most generous people on the planet. This issue is about following the Constitution and rule of law, which is the way that best serves our nation and our citizens. In all governance, our priority of allegiance is to our Creator, our Constitution and our citizens.