America is dealing with a serious issue regarding the deportation of illegal alien families, which relates to "birthright citizenship. " This term reflects whether a child born in the U. S. to illegal parents automatically becomes a U. S. citizen, labeled as an "anchor baby. " The argument suggests that the answer should be "No. " The need for the U. S. to maintain strict control over its borders is emphasized, noting that illegal aliens should not bypass the law. According to English common law, a child born in the U. S. to "hostile occupiers" does not automatically gain citizenship. The 14th Amendment was created to address issues of slavery and establishes citizenship criteria that do not extend to those who entered the country illegally.
Former President Donald Trump has stated that the Biden administration has weakened border control, resulting in a significant influx of illegal aliens, estimated to be at least eight million. Trump supports mass deportations, a plan backed by Tom Homan, who has indicated that entire families can be deported together. However, Democrats may legally challenge this, especially when an American citizen child is involved, raising questions about the implications of "birthright citizenship" in these cases.
The history of birthright citizenship is rooted in English common law, which has influenced U. S. law. A landmark case from 1608, known as Calvin’s Case, determined that children born in England could be excluded from citizenship if they were born to foreign invaders. This principle applies to the children of illegal aliens in the U. S. Citizenship questions surrounding slavery came to a head with the Dred Scott case, leading to the 14th Amendment, which established a two-part test for citizenship.
The 14th Amendment states that anyone born or naturalized in the U. S. and under its jurisdiction is a citizen. However, the debate over its interpretation is complicated. The Supreme Court's 1898 decision in United States v. Wong Kim Ark confirmed citizenship for children born to legal residents, but it does not apply to children of illegal aliens. A later case in 1985 merely acknowledged citizenship without establishing any new constitutional law.
The 14th Amendment should be understood within its historical context, as it was intended to address the situation of former slaves, not to grant citizenship to children of illegal immigrants. Believing that it fundamentally modified long-standing legal principles regarding citizenship is considered unreasonable. The claim that illegal aliens' children should automatically receive citizenship contradicts the idea that each nation has the inherent right to determine its citizenship criteria. When discussions about birthright citizenship for the children of illegal aliens intensify, skepticism towards those advocating for it is advised.
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