If you’re not a Native American, you’re an immigrant. We’re a country of immigrants. Yet,
the nation is embarking on a nasty and divisive debate over how to stem
the flow of illegal immigrants, mostly from Mexico and Central America,
and what to do about the undocumented workers already living here.
Suggestions have ranged from President Bush’s guest worker proposal to
erecting a wall along the 2,000-mile Mexican-U.S. border. Until
now, nothing has worked. That – and raw politics – has prompted a group
of federal and state elected officials to seek alternatives that would
curb the flow of illegal immigrants. This week, the U.S. House
of Representatives is expected to take up the Border Protection,
Antiterrorism and Illegal Immigration Control Act of 2005 (H.R. 4437),
which has already been reported out of the Judiciary Committee. One of the most controversial plans is to circumvent the birthright citizenship provision of the constitution. The
14th Amendment, ratified in 1868 to protect the rights of newly-
emancipated slaves, declares: ''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.'' To get
around the difficult task of amending the constitution,
anti-immigration advocates are arguing that inasmuch as illegal
immigrants are not in the U.S. lawfully, the parents are technically
not “subject to the jurisdiction” of the U.S. and therefore their
children are not covered by the birthright citizenship provision of the
14th Amendment. This is a matter that is likely to be settled by the
Supreme Court. Supporters of curbing illegal immigration note
that the United States is one of the few major industrialized nations
that grant broad birthright citizenship with no additional requirements. Even
some backers of the change acknowledge that ending birthright
citizenship will not solve the problem of illegal immigration. “Illegal
immigrants are coming for many different reasons,” Rep. Lamar Smith
(R-Texas) told the Los Angeles Times. “Some are coming for jobs. Some
are coming to give birth. Some are coming to commit crimes. Addressing
this problem is needed if we’re going to combat illegal immigration on
all fronts.” The challenge for Republicans is that some want to
enact get-tough immigration polices while simultaneously courting the
burgeoning Latino vote. California Republican Gov. Pete Wilson backed
an anti-immigrant Proposition 187 in the mid-1990s, only to face a
Latino backlash. Clearly, Americans of all political stripes have strong feelings about the need to curb illegal immigration. A
2004 Gallup Poll found that 85 percent of Americans believe that “large
numbers of immigrants entering the U.S.” poses a vital threat to the
U.S. over the next decade. A September Zogby poll found that by a 3-to1
margin, Americans believe border control is more important to national
security than gun control. And a Pew Research Center for the People and
the Press poll two years ago found that 76 percent of Democrats and
Independents agreed with the statement: “We should restrict and control
people coming into the country to live more than we do now.” In August, the Pew Hispanic announced the findings of polling it did in Mexico. “…About
four of every ten adults in the Mexican population say they would
migrate to the United States if they had the means and opportunity and
that two of every ten are inclined to live and work here without legal
authorization,” the report found. While it is clear that
Americans want tougher immigration laws, many hold stereotypical views
of migrants coming across the border. A popular perception is that most
of them were unemployed. In fact, most worked before entering the U.S.
to take menial jobs for wages higher than what they were earning back
home. However, a recent Pew study found that of the estimated
6.3 million to 11 million Mexicans living in the U.S. illegally, most
arrived to find better jobs and because of family connections, not
because they were unemployed in Mexico. Of those polled after applying
for identity cards at seven Mexican consulates in the U.S., most are
believed to have moved here illegally, more than 80 percent had a
relative other than a spouse or child living in the U.S. As
everyone knows, there are no easy solutions. Even if the U.S. were to
miraculously build a steel and wire fence along the U.S.-Mexican
border, illegal workers would still find a way to enter the U.S. No
one knows how many children are born each year to illegal immigrants.
Estimates generally range from 100,000 to 350,000. Whatever solutions
lawmakers come up with should not be predicated on punishing babies
that had no say in their parents’ decision to cross the border for a
better life.
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