Donald Trump stirred up another hornets’ nest among the permanent political class when he called to eliminate the protection of “anchor babies” as citizens under the Fourteenth Amendment to the Constitution and the deportation of those children along with the families who are here illegally.
Establishment Republicans (Karl Rove and Bill O’Reilly) argue that it would not only be cost prohibitive but also impossible to execute. Tea Partiers argue that we should not tamper with the Constitution in spite of the fact that this Amendment has been tampered with and redefined at least a hundred times by the Supreme Court and Congress.
Here are a few pertinent facts about the Fourteenth Amendment:
• It was adopted in 1868 to address citizenship rights and equal protection for former slaves following the Civil War and overruling the Supreme Court’s decision in Dred Scott which prohibited descendants of slaves to become citizens.
• There were but 36 states in the Union at the time and “illegal immigration” was not an issue. It took until 1924 before Native Americans were included.
• Neither the Republican nor Democratic history on this issue can be proud.
• Republicans, before the passage of the Civil Rights Act of 1866 were afraid that the Democratic south would gain additional voters for their cause. (Does that sound familiar?)When the Republicans led the fight to abolish slavery and involuntary servitude under the Thirteenth Amendment, they failed to consider the unintended consequences such as the equal right to vote.
• Democrats, on the other hand, viewed this as a direct assault on their “Black Codes” passed by many post-war Confederate states which attempted to return blacks to their previous condition of servitude. Every Confederate state refused to ratify it initially.
• There are four clauses to the Fourteenth Amendment, but two (Citizenship and Equal Protection), are the most challenged and modified by the Courts. This birthright for slaves has become a wastebasket for every issue involving “Equal Protection,” specifically Abortion, Segregation, Discrimination, Same-Sex Marriage, Due Process, Corporate Protections, Affirmative Action and even Gore vs. Bush.
Can Donald Trump succeed in abolishing the “birthright” clause under the Citizenship provision? Probably not. Can the “anchor baby” issue be argued against and modified? Absolutely. Will it cause the deportation of 11.5 million illegal aliens (some think it is more than 30 million)? Probably not, but a good portion can be deported under existing laws.
For example:
• A child born in this country can and should allow the parents to remain with the child, if the parents are here legally, until the child reaches adulthood. If, by that time, the parents have made no effort to become citizens, they should be deported. Nothing written allows the entire family, granny, grandpa, uncle, aunts and cousins to get a free pass.
• If those same parents are breaking American law, as they do under the current tax codes, they should be deported along with the child. The child can return when he reaches adulthood.
• The Fourteenth Amendment allows for the revocation of citizenship/naturalization if “fraud” has been shown.
• With “anchor babies”, both fraud and lawbreaking are the method of securing American citizenship and benefits. The mother crosses the border illegally with the sole purpose of using an American hospital for citizenship rights. There is no desire to become an American citizen to assimilate into our culture. It is merely an attempt to gain access to our benefits.
For comparison, the Supreme Court ruled that abortion is legal. Many people, even pro-lifers, will argue that abortion is acceptable in the case of incest or rape…in other words a result of illegal means. So it is legal, in their minds, to eliminate an “illegal” baby. An “anchor baby” is just as illegal and while not seeking termination of life, I would suggest that the baby should be deported along with the parents if illegal circumstances have occurred…an should under the current Fourteenth Amendment.
We may not remove either 11.5 million or 30 million under any scenario but I would settle for one half. The important part is to set a precedent to stop encouraging future abuses.
God Bless America!
Richard Sobieray is a resident of The Villages.