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birthright citizenship debate in america essay
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birthright citizenship debate in america essay
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Since the 1800s, immigration has been considered a problem that is out of control in the United States. Government officials have claimed that the issue of birthright citizenship is the core of the dispute over immigration. To try and remedy this situation, holders of public office have held hearings and debates in an attempt to “redefine” what it means to be an American citizen. Birthright citizenship is the term used to refer to the citizenship that is granted to an individual who is born on the associated territory. Providing an individual with citizenship of any state or country means that one now has the rights, privileges and duties of a citizen in the related region. In the United States, birthright citizenship is a highly controversial topic; constant debates are held to discuss the effects of this issue. Whether for birthright citizenship or against it, both parties collect main ideas and events to answer the same question—Should birthright citizenship be carried on into the future of the United States? In 1868, congress passed the Fourteenth Amendment that granted citizenship to all those who are born on U.S. soil. The Fourteenth Amendment was constructed to rectify the dispute that was caused by the Dred Scott case. Dred Scott vs. Sanford was a case where the U.S. Supreme Court said that African Americans that were imported to the United States and held as slaves could never be U.S. citizens because they were not protected by the constitution. In Section 1 of the 14th amendment it states “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. No State shall make or enforce any law which shall abridge the ... ... middle of paper ... ...es Constitution. N.p., 2010. Web. 08 Mar. 2011. . "ELK V. WILKINS, 112 U. S. 94 :: Volume 112 :: 1884." US Supreme Court Cases from Justia & Oyez. N.p., n.d. Web. 08 Mar. 2011. . "Immigration Foes Target Baby Citizens." CNN.com - Breaking News, U.S., World, Weather, Entertainment & Video News. Cable News Network, 5 Jan. 2011. Web. 04 Mar. 2011. . Preston, Julia. "State Lawmakers Outline Plans to End Birthright Citizenship, Drawing Outcry." Nytimes.com. The New York Times, 5 Jan. 2011. Web. 4 Mar. 2011. .
As our national creation myth of George Washington and the Cherry Tree reminds us of our integrity as agents of free-will in the “land of the Free and home of the Brave”, to the anthropomorphic metaphor of Liberty that stands on Ellis Island, Americans sincerely believe that these held values and attitudes are what make us uniquely American. In fact, these virtual citizenry birthrights (historically excluding racial minorities and women arguably until the civil rights movements of the 1960s ,though the case may be made that this fight for equality is still a work in progress) are explicitly stated in the legal framework of our consti...
Preston, Julia. “Immigrants May Become Legal Under Agency Plan.” The New York Times 2 Oct. 2009, A15 sec,:A15.
Wooldridge thinks that the rate at which these undocumented immigrants are having babies in this country is uncontrollable and fears that one day, they may outnumber the population of American Citizen and start a sudden attack on American citizens. Wooldridge wrote again that these children are not only threats but cause American taxpayers colossal amounts of money annually on their health, educational and basic needs. Wooldridge mentioned that not only do they cost us lot of money but are major perpetrators of criminal or deviant behaviors which cause them to end up in our various prisons-another economic disadvantage. Wooldridge mentioned that our congressmen watch unconcerned as the problem escalates. She also thinks that they “admire” the “illegal immigrants” and “their anchor children”.
In the United States, the cliché of a nation of immigrants is often invoked. Indeed, very few Americans can trace their ancestry to what is now the United States, and the origins of its immigrants have changed many times in American history. Despite the identity of an immigrant nation, changes in the origins of immigrants have often been met with resistance. What began with white, western European settlers fleeing religious persecution morphed into a multicultural nation as immigrants from countries across the globe came to the U.S. in increasing numbers. Like the colonial immigrants before them, these new immigrants sailed to the Americas to gain freedom, flee poverty and famine, and make a better life for themselves. Forgetting their origins as persecuted and excluded people, the older and more established immigrants became possessive about their country and tried to exclude and persecute the immigrant groups from non-western European backgrounds arriving in the U.S. This hostile, defensive, and xenophobic reaction to influxes of “new” immigrants known as Nativism was not far out of the mainstream. Nativism became a part of the American cultural and political landscape and helped to shape, through exclusion, the face of the United States for years to come.
The United States is in the midst of a major debate over immigrants and their place in our economic and political life. As during other times in our history, immigrants, are being blamed for causing or contributing to the social, economic and political ills of our society. Politicians from both major parties, at both the national and state levels, are promoting a range of punitive legislative proposals that single out immigrants for adverse treatment by the government. Many violate basic civil liberties principles.
Holding, R. (2010, February 01). 'anchor babies': No getting around the constitution. Retrieved from http://www.time.com/time/nation/article/
Kobach, Kris W. "The Senate Immigration Bill Rewards Lawbreaking: Why the DREAM Act Is a Nightmare." The Heritage Foundation - Conservative Policy Research and Analysis. Web. 10 Mar. 2010. .
...it: Greenhaven Press, 2013. At Issue. Rpt. from "The Future of Immigrant Children." The Future of Children (Spring 2011).Opposing Viewpoints in Context. Web. 21 Apr. 2014.
In his address to a joint session of Congress on January 8, 1918, President Woodrow Wilson declared freedom of the seas in times of peace and war. Looking back, it seems ridiculous to think that anyone could challenge the right of individuals to navigate the oceans freely. However, fast-forward to the twenty-first century and we can see an analogous debate over the issue of immigration rights, with territorial borders being the main topic of discussion. The system of immigration in the United States is complex and oftentimes restrictive, and while revisions to the system usually include increasing quotas or other solutions to let in certain groups of people who deserve special consideration (such as those whose skills are needed in a particular field), they are still very limited solutions. The obvious question that arises from letting in some people but not others is that of fairness. Is the accident of birth or luck of being in the right place at the right time enough to justify restrictive citizenship to a select few? I would argue not. I intend to argue that a commitment to human rights entails the position that borders ought to be open in order to guarantee other human rights, especially the right to migrate.
The 14th Amendment was made in 1868 to allow every person who was born in America or who had become an American citizen to have the same rights as any other citizen. Additionally, they were also a citizen of whatever state they lived in. No state in America was allowed to make laws that limit US citizens’ rights and protection, execute people, imprison people or take their property away without a legal process.
The Fourteenth Amendment was ratified in 1868 and stated that “all persons born…in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.” The Supreme Court case United States v. Wong Kim Ark first recognized the doctrine of birthright citizenship. In this case, the defendant argued that because he was a citizen of the U.S. because he was born in California and had lived there for twenty-one years. The U.S. District Attorney argued that while Wong Kim Ark may have been born into the U.S., he was not subject to its jurisdiction since Worn Kim Ark, through his Chinese parents, were subject to the emperor of China. Not persuaded by this argument, the U.S. Supreme Court held that children born in the U.S. to resident aliens are U.S. citizens, which created the concept of automatic birthright citizenship. This concept has been debated within the U.S. Supreme Court and in different levels of the judiciary system, but to this date there is no comprehensive approach on solving the ambiguity of what constitutes a ‘natural-born’
A topic crucial to the world today is illegal immigration. Illegal immigration is when people live in a country without permission from the government, nor have any legal documentation. As more and more illegal immigrants enter the United States, it either upsets some people, or others feel like they should just grant them ability to pursue life, liberty, and happiness because that is what the Constitution says. Some people feel that illegal immigrants should be protected by the same rights and laws as American citizens. On the other hand, many people believe that this is a horrible mistake. They feel that the rights of citizenship should be earned and not extended to people who haven broken the law just by being in the United States.
Erika, Lee. "U.S. Immigration and Naturalization Laws and Issues." Journal of American Ethnic History. Vol. 20. Issue 2 (2001): n. page. Web. 18 Apr. 2013.
The removal of birthright citizenship means the United States will be full of people who are stateless (not recognized as a citizen of any country). At the moment, there are more than ten thousand stateless people living in the United States of America (Gonzalez). These people have no rights here and if they were to leave for another country they would still have no rights due to the fact that the only country they have lived in is the United States. If the U.S. were to have a larger amount of stateless people the country will be compared to countries like Myanmar or Thailand who have hundreds of thousands of stateless people (see chart to the left for more information)(Shatz). The U.S. must realize that if saving people in other countries is important, but saving people who live in this nation should be a priority. Stateless people legally have no options as to what they can do. If they are rejected by one country who is to say that other countries will not reject them also. Stateless people are unprotected and vulnerable and if the United States ended birthright citizenship the nation would be adding to a culture of cultureless
Will and in this essay the author challenges the citizenship status of children born to illegal immigrants. Will argues that the 14th Amendment, which grants citizenship to any person born in the United States, is being misinterpreted. He explains how this misinterpretation leads to the actual act of illegal immigration. For example, by essentially rewarding the children of illegal immigrants with an American citizenship Will demonstrates how this provides an incentive for illegal immigration. The author makes clear the idea that when the 14th Amendment was written in 1866 it could not have included illegal immigrants since that concept did not exist at that time. He continues by using Indians as an example of people not included in the 14th Amendment since Indians and their children owed allegiance to their tribes. Finally, the author uses a decision by the Supreme Court in 1884 that declared both person and country must consent to the citizenship; therefore, if the source is illegal then the child should not be considered a