Anchor Babies: The New 'Republican Dog-Whistle'

[kathyet]

Anchor Babies: The New 'Republican Dog-Whistle'

By Michael Swartz

America is still a welcoming country for immigrants, but the sentiment for pulling up the welcome mat is gaining steam. Failure to secure our borders, lax enforcement of immigration laws by a federal government that therefore tacitly encourages border crossing and overstay of visas, the perception that illegal aliens are sponging off the welfare system, and immigrants' growing lack of assimilation has angered millions of Americans.

Enter Donald Trump, who has made immigration a key part of his platform. His latest vow is to get illegal immigrants “out of there day one ... out so fast your head will spin.” With his corresponding surge in the political polls, the national conversation on the topic has shifted focus to the phrase “anchor babies.” It's the term describing the effect of birthright citizenship, which itself is based on a faulty interpretation of the Fourteenth Amendment when applied to children born to those here illegally.

The number of those who have come to the United States to give birth is increasing. While the Pew Hispanic Center says four out of five children of illegal aliens were born in this country, it's now estimated that one out of 10 American births overall would fall under the description "anchor babies." Most are the offspring of illegal immigrants who understand current deportation policy gives them a “get out of jail free” card once the child is born — along with a claim to our generous public treasury. But some anchor babies are born to “birth tourists” who arrive weeks before birth and do so specifically in order to have an American passport holder in the family to make securing their own visas easier.

It's no secret that the Republican Party has factions on both sides of the immigration debate. Many of the other 16 presidential hopefuls align more or less with the hardline stance Trump has taken, yet it was immigration moderate Jeb Bush who became a lightning rod for Democrat criticism for using the term "anchor baby."

In typical Jeb fashion, he tried to walk it back, saying, "What I’m talking about is the specific case of fraud being committed where there’s organized efforts — frankly, it’s more related to Asian people — coming into our country, having children in that organized effort, taking advantage of that noble concept which is birthright citizenship."

Needless to say, that muddled attempt at clarity didn't work, and Democrats stuck to their marching orders.

“The 'anchor baby' narrative is politics at its worst," wailed Rep. Linda Sanchez, chair of the all-Democrat Congressional Hispanic Caucus, in a Washington Post op-ed. It serves "mostly as a Republican dog-whistle," she added, "tapping into an implicit racial sentiment that suggests children of color are less than fully American or they’re just a vehicle for gaming the system."

Bush had no support from Asians, either. Rep. Judy Chu, chair of the Congressional Asian Pacific American Caucus, said, “All that is accomplished through talk of anchor-babies — be they from Latin America, Asia, Europe, or Africa — is to use xenophobic fears to further isolate immigrants. It’s time for our country to return to a substantive discussion on immigration."

But shouldn't a “substantive discussion” on immigration include more than identity politics? Birthright citizenship is a legitimate topic for consideration, yet Democrats never fail to blow their own dog whistle by crying "RACIST!" at anyone who broaches the subject. Rule of Law is essential to a free country, but Democrats (and too many Republicans) are more interested in craven pandering.

Like him or not, one can't deny Donald Trump's impact on the 2016 campaign, which is largely the result of his willingness to raise issues that establishment Republicans would rather sweep under the rug. At least some Americans are listening now.

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[M]

SCOTUS reversed all prior precedents when they overturned the original explanation by the members of Congress that were from the era when the 14th was passed;

Source; http://www.14thamendment.us/birthright_citizenship/original_intent....

The phrase "subject to the jurisdiction thereof" was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete. With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship.

In 1866, Senator Jacob Howard clearly spelled out the intent of the 14^thAmendment by stating:

"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."

This understanding was reaffirmed by Senator Edward Cowan, who stated:

"[A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word..."

Supreme Court decisions

The correct interpretation of the 14^th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby.

Over a century ago, the Supreme Court appropriately confirmed this restricted interpretation of citizenship in the so-called "Slaughter-House cases" [83 US 36 (1873) and 112 US 94 (1884)]¹³. In the 1884 Elk v.Wilkins case¹², the phrase "subject to its jurisdiction" was interpreted to exclude "children of ministers, consuls, and citizens of foreign states born within the United States." In Elk, the American Indian claimant was considered not an American citizen because the law required him to be "not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance."

The Court essentially stated that the status of the parents determines the citizenship of the child. To qualify children for birthright citizenship, based on the 14th Amendment, parents must owe "direct and immediate allegiance" to the U.S. and be "completely subject" to its jurisdiction. In other words, they must be United States citizens.

Congress subsequently passed a special act to grant full citizenship to American Indians, who were not citizens even through they were born within the borders of the United States. The Citizens Act of 1924, codified in 8USCSß1401, provides that:

The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.

In 1898, the Wong Kim Ark Supreme Court case^10,11 once again, in a ruling based strictly on the 14^th Amendment, concluded that the status of the parents was crucial in determining the citizenship of the child. The current misinterpretation of the 14th Amendment is based in part upon the presumption that the Wong Kim Ark ruling encompassed illegal aliens. In fact, it did not address the children of illegal aliens and non-immigrant aliens, but rather determined an allegiance for legal immigrant parents based on the meaning of the word domicil(e). Since it is inconceivable that illegal alien parents could have a legal domicile in the United States, the ruling clearly did not extend birthright citizenship to children of illegal alien parents. Indeed, the ruling strengthened the original intent of the 14^thAmendment.

The original intent of the 14^th Amendment was clearly not to facilitate illegal aliens defying U.S. law and obtaining citizenship for their offspring, nor obtaining benefits at taxpayer expense. Current estimates indicate there may be between 300,000 and 700,000 anchor babies born each year in the U.S., thus causing illegal alien mothers to add more to the U.S. population each year than immigration from all sources in an average year before 1965. (Seeconsequences.)

American citizens must be wary of elected politicians voting to illegally extend our generous social benefits to illegal aliens and other criminals.