Sunday, January 29, 2006

The Law of Immigration - Part 1 - The Legality of Anchor Babies

This will probably become a multi-part posting as my views of immigration and illegal immigration are many, and very dear to my heart.

To start off, I fully support the immigration of people to the United States with the intention of working and/or becoming US Citizens.

What I disagree with, is the rampant illegal immigration of people to the United States for whatever reason and the failure of the US Government to take any significant measures to reduce or halt this invasion.

The explosive growth in the number of illegal immigrants to the United States can be traced to numerous reasons, whether it is to escape tyranny, flee from a hostile environment, or simply in search of the American Dream, each illegal immigrant will have his/her reason for shortcutting the legal immigration process, to cross the border and enter the US illegally.

There are many myths concerning illegal immigrants, and some of the ones that I will address in this letter (and later letters) can possibly do much to dispell these myths. Some of the things I will be addressing are:
  1. The Legality of Anchor Babies
  2. She's my wife and mother of my children so she automatically gets a Visa, right?
  3. Illegal Immigrants are good for our country because they provide cheap labor!
  4. Illegal Immigrants only take the jobs that Americans don't want!
  5. There's Nothing I can do about this (or... It's a Federal Problem)!
  6. And more (as I ponder carefully)

The first and foremost issue that I want to address is the Legality of Anchor Babies:

Currently, and baby born in the United States is automatically granted US Citizenship. In addition, any baby born overseas with a documented US Parent is granted this same US Citizenship. A baby born to an illegal immigrant inside of the US is also granted automatic citizenship in the US.

Historically, babies born inside of the US to parents who NOT citizens or LEGAL permanent residents (hence, illegal immigrants), have been granted this same US Citizenship. However, to prevent a separation of the child from his/her parents, the US Immigrations Service (formerly US INS) allowed the parent(s) to become legal residents based upon the citizenship of the child.

However... according to the Immigration and Nationality Act (Links will be added once the uscis.gov site is working correctly again), which is the controlling law over immigration in the United States, a child CANNOT sponsor his/her parents until the age of 21!

So what law do the immigration authorities quote when they offer to let illegal immigrants who have their "anchor baby"? Well, there is none that I have ever heard or seen, it all seems to be the "Well, it would be cruel and inhumane to separate a child from their parents by deporting the parents!"

In my humble opinion, this is WRONG! The parents have no legal status in our country, regardless of the citizenship of their child. The child has no "ties" to this country, other than the fact that his/her parents were breaking the law when the baby was born, and thus, there is nothing tying the child to this country. Thus, why can the parents not TAKE THE ANCHOR BABY back to their country of origin? The family would not be separated, the child would still be an American Citizen (eligible to immigrate to the US legally after 21 years), however, the parents who VIOLATED the law, would not receive unfair benefit from their illegal action.

Some people than ask, "But, wouldn't that be cruel to someone who couldn't/wouldn't take the baby back with them?" This is a choice of the babies parents! If the parents choose to abandon their child here in the US, than there are agencies available that can take appropriate custody of the child for care and/or adoption. This is not the best solution, however, this would only be based upon the abandonment of the child by the parents.

Once again, let's NOT reward people for breaking the law, let's punish them.

2 comments:

R.A. said...

Wow, somebody else gets it. You really summed it up well here.

As a side note, while it is good to provide asylum & opportunity, if at least SOME other countries, don't get their act together, we may end up with the world living in the U.S., and other countries empty!

fangers said...

Actually, the US is quickly on the way to extinction, through the process of assimilation.

Hawaii is already more than 50% owned by foreign interests (mostly Japanese), the SW states are very rapidly becoming either Latino or Chinese based (Florida as well), and even the Northern states are starting to feel the impact of the mass of illegal immigrants.

I have personally reported three different companies within 40 miles of Topeka of harboring 200+ employees that were illegal immigrants (this was from the immigrants OWN mouths), yet DICE (the new INS) has done nothing about them.

And since INS does nothing about them, we just draw more illegals in.