DREAM Act for Birthright Citizenship of Illegal Immigrants Controversy, Does the 14th Amendment Support It?

By on Jan 4, 2011 in International, Opinion, Politics Comments
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Birthright citizenship for illegal immigrants is now a hot issue in the US government as lawmakers, supporters and those not in favor take turns of defending or attacking the DREAM Act. Intense discussions are brought forth about the true meaning of the 14th amendment.

Previously, children born in the states are already considered as natural citizens, no matter what the citizenship of the parents are. All the mother has to do is to deliver her child in the states and the baby becomes a naturalized American citizen.

Debates about the birthright of illegal citizens however, have been focused on when President Obama moved for the approval of the bill called the “DREAM Act” which grants citizenship to children of illegal immigrants.

Last December 18, 2010, the Development, Relief and Education for Alien Minors (DREAM) Act was passed but it has not gained enough votes in the Senate to be enacted into a law. There were vigils held to support the act but nothing seems to come out of it.

Section 1 of the 14th amendment in the American constitution states:

“Section 1. 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 privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

A rebuttal was made:

“It is an accepted maxim of international law, that every sovereign nation has the power, as inherent in sovereignty, and essential to self- preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may see fit to prescribe.” Nishimura Ekiu v. United States

Lately, Arizona will be proposing a bill to prevent the approval of the DREAM Act. With Arizona, are 14 more states which will most probably adapt the method to prevent illegal immigration.

What would happen now to the DREAM Act and the children of illegal immigrants? That would be a question open to thousands of answers and it seems the 14th amendment is interpreted several ways to suit the person’s purpose.



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