birthright citizenship and the anchor babies myth
TRANSCRIPT
Essential Immigration NewsBirthright Citizenship
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The Anchor Babies Myth
The Anchor Baby argument
rests on one central issue.
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Are the children of immigrants,
born in the United States,
entitled to U.S. citizenship?
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http://www.bataraimmigrationlaw.com
For nearly
150 years,
the matter
was deemed
settled.
The 14th Amendment, ratified in 1868, had resolved the debate.
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http://www.bataraimmigrationlaw.com
“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.
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Pretty
straight
forward.
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Alas, nothing is
sacred in the
world of politics.
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Anchor Babies is NOT a legal term.
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It’s politically-charged
verbiage to oppose
immigration reform.
The anchor baby
rhetoric is used to
distort public thinking
about immigrant-
friendly legislative
changes.
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Utilizing imagery of immigrants capsizing
the American ship, restrictionists seek to
impose their anti-immigrant agenda on
unsuspecting voters.
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Restrictionists
argue immigrant
females come to
the U.S. soil,
as a means to
manipulate the
immigration
system…
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… and to steal
financial benefits
they are not
entitled to.
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“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.”
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They claim illegal immigrant parents
have grander plans than just U.S.
citizenship for their unborn children.
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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.
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This view, however, does not reflect reality.
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Two points show how the Anchor
Babies argument is based on
fantasy.
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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.
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Child birth across cultural lines, like
all child birth, is often unplanned.
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Take Mike and Jane.
Mike, a Japanese
citizen, arrived in the
U.S. on a tourist
visa.
One day, while
visiting at a friend’s
house, he met Jane.
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Jane was born in
Guatemala.
She entered the
country as a
young child
without legal
documents.
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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.
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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.
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Second, the permanent resident
process for undocumented
immigrant parents is not simple.
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A wait 21+ years is necessary before
an unborn child is old enough to be
eligible to petition his parents for
lawful status.
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That’s only the initial
step.
From the date that a
child’s petition is filed,
until the parent’s
interview, the process
talks several more
years to complete.
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The parent has to
leave the United
States - and return
home - for the
interview at a
consulate office.
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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.
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This means the parent of an anchor baby
faces a wait of 33+ years, after the birth of
her child…
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…before she is granted permanent status.
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In other words,
the real world
undermines
Anchor Baby
rhetoric.
Unfortunately, for
many immigrant
opponents, truth is
not a virtue.
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Thus, the battle
over birthright
citizenship
continues 150
years after the
Fourteenth
Amendment
became law.
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Do You Want To Know How To Choose
An Immigration Attorney?
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Do You Want To Know
More About Immigration?
Carlos BataraAttorney at Law
Tel: (800) 287-1180
Fax: (951) 929-0782
Email: [email protected]
Web: http://www.bataraimmigrationlaw.com
Helping Immigrants Live And Work Legally In
The United States
Carlos Batarahttp://www.bataraimmigrationlaw.com
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