Children of Illegal Immigrants Should Be Granted Birthright Citizenship - Paper Example

Illegal immigration is a hot topic of debate that cannot be wished away in the United States, especially given the high numbers of immigrants who currently reside in the country. Some sections of U.S citizens blame the immigrants for among other things, insecurity and losses of jobs. It is the reason why the current president, Donald Trump has his sights set on building a border along the southern Mexican border and deport millions of illegal immigrants from the U.S back to their countries to curb the problem (Smith, David). However, given the already large number of immigrants living in the U.S, a bigger problem exists; one that is perhaps self-inflicted. When coming up with the 14th amendment, lawmakers granted birthright citizenship to any person born in the United States (Aaron, Jane E, and Ellen Kuhl Repetto 362). To many U.S citizens, including the revered newspaper columnist George F. Will, the 14th amendment does not intend to allow the children of illegal immigrants any room as U.S citizens (Aaron, Jane E, and Ellen Kuhl Repetto 362). In fact, Senator Lindsay Graham of South Carolina once offered to initiate calls for amending the law to prevent children of illegal immigrants from being granted birthright citizenship (Preston, Julia). Therefore, from a moral and legal perspective, the question remains: should children of illegal immigrants be entitled to birthright citizenship? This paper intends to disagree with the likes of George F. Will and instead support the notion that birthright citizenship is a right conferred to children of illegal immigrants, and that it should remain that way.

A research study by the Pew Hispanic Center revealed that about 340,000 of the 4.3 million babies born in the United States in 2008 or 8 percent had at least one parent who was an illegal immigrant (Preston, Julia). Given that all these children are set to become United States citizens by birthright, some people feel that they will become a burden to the social privileges enjoyed by the common United States citizens (Preston, Julia). To some extent, it is right to feel that way especially given that the economy has not been on its best behavior in the recent past. However, should such sentiments warrant negative attitudes to children of illegal immigrants who did not choose the location to which they should be born? Absolutely not. From a moral perspective, it is unfair to hold the children accountable for their parents unlawful actions. If anything, it is their parents who ought to be condemned by the law for their illegal entry. In fact, it shows recklessness on the part of the government in stopping illegal immigration over the years (Weiler, Jonathan). Therefore, on that basis alone, the children of illegal immigrants have no questions to answer regarding the matter and should enjoy the same privileges that come with their birthright citizenship.

George F. Will argues that the premise by which children of illegal immigrants should be held accountable is the phrase not subject to any foreign power (Aaron, Jane E, and Ellen Kuhl Repetto 363). According to Wills argument, parents of illegal immigrants made their way into the country without any consent from the United States as a country (Aaron, Jane E, and Ellen Kuhl Repetto 363). They are not people who have been granted asylum, and neither are they refugees who are under the care of the United States. In fact, Native Americans were excluded from the 14th amendment based on the fact that although the group was under the United States territory, the individuals were under the rule of their particular tribes (Weiler, Jonathan). From this point alone, Wills argument may seem to make a lot of sense, especially going by Donald Trumps plans to deport illegal immigrants from the country (Smith, David). However, what can be said of people who hold dual citizenship? They do not have undivided allegiance to the United States since they are under the jurisdiction of another country (Weiler, Jonathan). Therefore, are their offspring not supposed to be granted birthright citizenship? Wills supposed argument of undivided allegiance seems to suggest that way.

Still, on the issue of undivided allegiance, it is important to understand why illegal immigrants make their way into the U.S, in the first place. The West, in general, is seen as a place of opportunities. Education, job opportunities, and social welfare are well orchestrated (Davis, Kenan et al.). Any parent would want the best for his or her child, and due to the numerous growth opportunities, most illegal immigrants find themselves escaping poverty to seek a good future for themselves and their children in the United States (Davis, Kenan et al.). In most cases, illegal immigrants go through a lot to get into the country; often hiding beneath trucks loaded with goods or ship containers (Weiler, Jonathan). If a person can go through such unpleasant circumstances, it only means that they are willing and want to stay in the United States (Weiler, Jonathan). Allegiance is a choice. Having made a choice to come to the U.S, albeit without authorization, these immigrants are fully prepared to be loyal to the U.S and its laws. As a result, Wills argument of undivided allegiance does not apply in this case.

Another argument that Will raises focuses on the lack of laws restricting illegal immigrants before the 14th amendment was passed. According to Will, there were and never had been any illegal immigrants because no law ever restricted immigration (Aaron, Jane E, and Ellen Kuhl Repetto 363). However, it is important to note that prior to the writing of the 14th amendment, Americans had experienced a wave of Irish immigrants arriving into the country in large numbers in the 1840s (Weiler, Jonathan). In fact, the Irish were met with a great deal of opposition as witnessed in despicable anti-Irish sentiments and activism. Therefore, it is quite certain that the writers of the 14th amendment did so having experienced illegal immigration at its worse (Weiler, Jonathan). It beats logic to contend that the writers of the 14th amendment did not intend to include illegal immigrants when awarding birthright citizenship through the Law (Weiler, Jonathan). If anything, they were aware that a child born in the United States is one of their own regardless of which family they came from.

In a nutshell, the number of illegal immigrants currently residing in the United States is indeed large. Some of them have stayed for decades and even own businesses and work among other U.S citizens (Davis, Kenan et al.). Aside from the legal perspective, it is morally upright to award the children of those living in the U.S birthright citizenship. After all, they have been born and bred in the country. Additionally, the law, despite George F. Wills arguments, blatantly make it clear that anyone born on U.S soil is a fully-fledged citizen of the nation. The best thing that the U.S could do with illegal immigrants who have stayed in the country for many years is to grant them citizenship. If that is difficult, then they could be given work permits so that their children enjoy the American dream as they should like any other U.S citizens (Davis, Kenan et al.). No human being is illegal; they are just undocumented.

Works Cited

Aaron, Jane E, and Ellen Kuhl Repetto. The Compact Reader: Short Essays by Method and Theme. 10th ed., Boston, Bedford/St. Martin's, 2016, Print.

Davis, Kenan et al. "HereS The Reality about Illegal Immigrants in the United States". Nytimes.Com, 2017, https://www.nytimes.com/interactive/2017/03/06/us/politics/undocumented-illegal-immigrants.html.

Preston, Julia. "Study Looks At Babies Born To Illegal Immigrants". Nytimes.Com, 2010, http://www.nytimes.com/2010/08/12/us/12babies.html.

Smith, David. "Prototypes for Trump's Mexico Border Wall to Be Built By September". The Guardian, 2017, https://www.theguardian.com/us-news/2017/jun/27/donald-trump-border-wall-mexico-prototypes-september.

Weiler, Jonathan. "George Will's War on Birthright Citizenship and His Own Constitutional "Principles"". Huffpost, 2010, http://www.huffingtonpost.com/jonathan-weiler/george-wills-war-on-birth_b_523188.html.