The Anchor Baby Myth

There is a raging political debate about immigration in the U.S., or more specifically about the consequences of illegal immigration. Solutions have been hotly contested and evaded for decades.

In the current election cycle, Donald Trump has reignited that debate. Trump rightly states, “The U.S. has become a dumping ground for everybody else’s problems.” His mantra on the topic is, “They’ve got to go!”

Regardless of your opinion of Trump’s populist antics, making immigration a centerpiece of his presidential rhetoric has forced both Republicans and Democrats to clarify their positions on this issue — and not a minute too soon!

The current debate centers on whether or not to “repeal” birthright citizenship. But framing this argument with the word “repeal,” whether by legislation or constitutional amendment, implies that there is something in our Constitution or subsequent legislation that already affirms a right to birthright citizenship. No such provision exists, except as wholly misinterpreted by courts and propagated by politicians pandering for mostly Hispanic and Latino votes.

Note that in Jefferson’s words regarding immigration he specifies “our laws acknowledge … your right to join us” and the requirement that immigrants conform “to our established rules.”

But, as usual, “laws” and “rules” are now wholly ignored in favor of political expedience.

What law was Jefferson referencing?

Before addressing the current immigration fiasco, let’s revisit some fundamental constitutional Rule of Law in regard to immigration.