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Greg Siskind on Immigration Law and Policy

10 REASONS AMENDING THE CONSTITUTION TO BAR BIRTHRIGHT CITIZENSHIP IS A TERRIBLE IDEA

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I've written a piece for the AILA Leadership Blog that lists the first ten reasons that come to mind. I'm sure there are many others folks can find with very little effort.

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  1. USC's Avatar
    Good job, Greg.
  2. George Chell's Avatar
    "Does it matter if the father is the citizen as opposed to the mother?"

    For the birthers it would matter if the father is a non-citizen and the mother is..I think they want to get on President Obama's case.
  3. George Chell's Avatar
    Some more suggestions from an earlier post....

    How does Graham reconcile his pro-life stance with his stance on anchor babies. After all he and others have been campaigning to restrict abortion funds in places such as Mexico...not just public funds but also private ones. Is he surprised that his actions and the actions of his fellow so-called pro-lifers result in more Mexican babies and more anchor babies? Does Graham and the pro-life stance end with the child being born or is his pro-life stance for white babies only?

    Then there are other issues which need to be addressed:

    (1) Does this apply only to people where both parents are illegal or does it apply to children born to an illegal as well as US citizen? Based on one drop rule, I would think that the children of a citizen and illegal would be an illegal. Can Graham specify this?

    (2) When an illegal has a baby and claims that the American father abandoned her, are they still going to deny citizenship to the baby because it cames from an illegal's womb?

    (3) If a white American girl comes to the court and says that she was raped by an illegal will Graham force her to carry the baby to term and then deny it the US citizenship because the father is illegal or presumed one, or would Graham compromise his principle as he has done in this case and gives her the right to abort the child? Based on what he has done with anchor babies I will not be surprised if he flip flops on abortion based on political expediency.

    (4) Finally, are they going to determine that every abandoned Hispanic baby's legality, and if found illegal or could not be determined is Graham going to advocate that the baby taken by the ICE and abandoned in a Mexican orphanage?

    All these issues need to be addressed during the debate. So, yes I want a congressional debate and people like Chuck Shumer need to nail Graham and his fellow birth righters.

  4. Legal and no longer waiting's Avatar
    I am going to throw in some more questions. What about reproductive technologies, where parents of the baby may not be either genetically related or gestational carriers of the baby (or both, but that's rare)? What if an infertile illegal couple uses the cheapest reproductive techonology and recieves an embrio, for which there is no record of citizenship for either genetic mother or father? What if wealthy Latin American couple on temporary visas use an egg donated by an illegal immigrant? What if an illegal immigrant is a gestational carrier for a baby from a donated egg of unknown citizenship woman and a temporary visa holder father?

    Is your head spinning yet?
  5. legal-immigrant's Avatar
    @legal and no longer waiting

    "Is your head spinning yet?"

    Nope. Simple solution - "go to the source." As long as the "source" data has valid records this will work. Here source is the sperm/egg bank.

    FYI, this is just for argument sake. not to support "14th amendment haters."
  6. Legal and no longer waiting's Avatar
    "Nope. Simple solution - "go to the source." As long as the "source" data has valid records this will work. Here source is the sperm/egg bank."

    The fertility clinics do not collect citizenship information of the donors (or even their clients), nor would they because many donors would like to remain anonymous for obvious reasons. There is no "source data" in this case. Even if it were, are you saying that if a foreign couple comes to the US for IVF, and after several attempts decides to go with a US citizen donor egg, when the child is born in their home country, the child should be a US citizen? That just does not sound right to me because it violates parents right to privacy and possibly jeopardizes their parental rights. In the case of a donor egg, what you are basically saying that a mother that carried the child, gave birth to the baby, breastfed it, brought up the child, and was the only mother the child ever known has no influence on the child's nationality because she is not the "source", right? I don't feel like the database approach quite hacks it here. These are more intricate matters.
  7. DNA's Avatar
    Republicans want to do DNA test for every baby born in this country before they issue Citizenship. Does any one remember death panels
  8. Legal and no longer waiting's Avatar
    "Republicans want to do DNA test for every baby born in this country before they issue Citizenship. Does any one remember death panels "

    LOL! Or, privacy. That's funny.
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