It’s been a while since the subject of birthright citizenship and so-called “anchor babies” has been in the news. But now, as the Biden border crisis drags on with millions of illegal migrants crossing our borders, the issue is receiving a fresh look. The reasons should be obvious. While the majority of migrants are still single males, a significant number of women and girls have also entered the country. Some percentage of them either are or will become pregnant. And every baby born to them will, by definition, be a U.S. citizen, offering the parents a path to legally remain and care for them. Now, Congressman Matt Gaetz of Florida has introduced legislation to change this. The “End Birthright Citizenship Fraud Act of 2023” is intended to do just that. If passed, it would amend the Immigration and Nationality Act (INA) to clarify birthright citizenship is solely for the U.S.-born children of American citizens and legal immigrants. (Breitbart)
Rep. Matt Gaetz (R-FL) is introducing a plan to end the nation’s anchor baby policy that rewards the United States-born children of illegal aliens with birthright American citizenship, Breitbart News can exclusively reveal.
Annually, nearly 400,000 “anchor babies,” the term used to describe the U.S.-born children of illegal aliens, are delivered across all 50 states.
Anchor babies are rewarded with birthright citizenship despite their parents having no legitimate ties to the U.S., many having only recently arrived. Years later, when the child is considered an adult, they can sponsor their parents and foreign relatives for green cards — anchoring their family in the country for generations.
How many anchor babies are we talking about? As noted above, it’s reportedly an average of 400,000 per year. Let that sink in for a moment.
Illegal aliens delivered nearly 400,000 children in the United States over the last 12 months, securing birthright citizenship. https://t.co/TYpS6ZebjA
— Breitbart News (@BreitbartNews) January 1, 2022
It’s easy enough to say that those taking advantage of the birthright citizenship process are engaging in a form of fraud, and I would tend to agree. But this brings us back to the main questions at the heart of this debate which have never been adequately answered. First and foremost, could a law such the one Gaetz proposes take effect without modifying the 14th Amendment? Section One starts with the words, “All persons born or naturalized in the United States.” So that would imply that the anchor babies are citizens by default.
But those words are followed by a qualifier which is where many legal analysts believe this is a workaround. The next phrase is “and subject to the jurisdiction thereof.” Is an illegal alien “subject to the jurisdiction” of America? There are plenty of legal scholars who argue that they are not. But since the Supreme Court has yet to tackle the question head-on, we can’t say for sure.
Another question to consider is whether or not the proposed law could (or should) be made retroactive. Illegal immigrants have been showing up and giving birth in the United States for a long time. And unknown millions of them have grown up and even grown old, always having a Social Security number and other documents proving their citizenship. And many have had children of their own, also born in America. What happens to them?
That last question is probably irrelevant, or at least I hope so. This is the sort of measure that would likely only take effect on the day it’s signed into law and not reach into the past. Imagine the enforcement nightmare of trying to track down generations of people who likely don’t even suspect that their legitimate citizenship is in question.
And then there is the indisputable fact that the Democrats will oppose this law in Congress and Joe Biden would never sign it because he actively wants more illegal aliens in the country. And even if it somehow passes under a later administration and congress, it would be challenged immediately. The process of getting such a change to a functional state in our laws could take decades. But if it’s going to take that long anyway, perhaps we should be getting started now.
