birthright citizenship and the anchor babies myth

Essential Immigration NewsBirthright Citizenship

http://www.bataraimmigrationlaw.com

The Anchor Babies Myth

The Anchor Baby argument

rests on one central issue.

Are the children of immigrants,

born in the United States,

entitled to U.S. citizenship?

For nearly

150 years,

the matter

was deemed

settled.

The 14th Amendment, ratified in 1868, had resolved the debate.

“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.”

This is known as Birthright Citizenship.

If you’re born in the United States,

you are a U.S. citizen.

Pretty

straight

forward.

Alas, nothing is

sacred in the

world of politics.

Anchor Babies is NOT a legal term.

It’s politically-charged

verbiage to oppose

immigration reform.

The anchor baby

rhetoric is used to

distort public thinking

about immigrant-

friendly legislative

changes.

Utilizing imagery of immigrants capsizing

the American ship, restrictionists seek to

impose their anti-immigrant agenda on

unsuspecting voters.

Restrictionists

argue immigrant

females come to

the U.S. soil,

as a means to

manipulate the

immigration

system…

… and to steal

financial benefits

they are not

entitled to.

“A parent from a poor country,” opponents assert,

“can hardly do more for a child than make him or

her an American citizen, entitled to all the

advantages of the American welfare state.”

They claim illegal immigrant parents

have grander plans than just U.S.

citizenship for their unborn children.

Because the children will be born as U.S.

citizens, the children can turn around and

immigrate their parents – transforming the

immigrant parents into lawful residents.

This view, however, does not reflect reality.

Two points show how the Anchor

Babies argument is based on

fantasy.

First, not every child of an immigrant born

in the U.S. is born to an immigrant who

entered without permission, solely to give

birth to an unborn child.

Child birth across cultural lines, like

all child birth, is often unplanned.

Take Mike and Jane.

Mike, a Japanese

citizen, arrived in the

U.S. on a tourist

One day, while

visiting at a friend’s

house, he met Jane.

Jane was born in

Guatemala.

She entered the

country as a

young child

without legal

documents.

Over the next few

months, Mike and

Jane became close

friends and started

dating.

Soon they fell in love.

Just before Mike’s

visa expired, Jane

became pregnant.

Mike returned to his

country, Jane

remained in the U.S.

Shortly afterwards,

she learned about her

pregnancy.

8 ½ months after

Mike’s departure, she

gave birth to a son in

Riverside, California. http://www.bataraimmigrationlaw.com

Anchor baby critics assert that

children like Jane’s son should not

be granted U.S. citizenship.

Second, the permanent resident

process for undocumented

immigrant parents is not simple.

A wait 21+ years is necessary before

an unborn child is old enough to be

eligible to petition his parents for

lawful status.

That’s only the initial

From the date that a

child’s petition is filed,

until the parent’s

interview, the process

talks several more

years to complete.

The parent has to

leave the United

States - and return

home - for the

interview at a

consulate office.

If the parent lived in the Unites States for

more than one year, there is a ban of at

least 10 years before legal re-entry to the

United States is allowed.

This means the parent of an anchor baby

faces a wait of 33+ years, after the birth of

her child…

…before she is granted permanent status.

In other words,

the real world

undermines

Anchor Baby

rhetoric.

Unfortunately, for

many immigrant

opponents, truth is

not a virtue.

Thus, the battle

over birthright

citizenship

continues 150

years after the

Fourteenth

Amendment

became law.

Do You Want To Know How To Choose

An Immigration Attorney?

Do You Want To Know

More About Immigration?

Carlos BataraAttorney at Law

Tel: (800) 287-1180

Fax: (951) 929-0782

Email: carlos@bataraimmigrationlaw.com

Web: http://www.bataraimmigrationlaw.com

Helping Immigrants Live And Work Legally In

The United States

Carlos Batarahttp://www.bataraimmigrationlaw.com

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birthright citizenship and the anchor babies myth

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