Wednesday, October 31, 2018

Anchor babies

Does anyone really want to solve the problem?

As usual, the answer is probably "no".

Pres. Trump signed an executive order ending the practice, but it is controversial because of the interpretation of the 14th Amendment to the US Constitution.

How does the amendment read?  It is a lengthy amendment, so there's a lot there that is irrelevant to this discussion.  The relevant part is the first section---

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.  No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The child born to a foreign national appears to be lawfully granted full citizenship.  However, this does not grant anything more than that.

The problem is what to do with the foreign national, not the child.  The child goes with the parents, so if the parents are here illegally, they do not have the right to stay just because of the child.

The baby is not of age in which it can "sponsor" its parents.  The kid can stay, the parents must go.  All you have to do is follow the Constitution, but I suppose that is too hard.

There is no comment on Trump's exec. order.  It is probably legal if the law provides for it.  It is also in the amendment that the Congress can make law on the subject, so the POTUS can't unmake the law.

If the law says the parents can stay, that's it.  Trump can't do a thing.

None of this means that I like it, nor that the law such as it is, is worth a damn.  Just saying that the law is the law.


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