• In late July 2010, US-born children of undocumented immigrants marched in Washington, D.C.
  • Children born in the US to parents who are illegal immigrants are US citizens
  • There's a movement to stop "birthright citizenship"
  • Do your part in the immigration debate
 


As the immigration reform battle rages on in 2010, some new skirmishes have erupted where children of undocumented or illegal immigrants stand to be both heroes and victims of the battle.

Children Fight

Immigrants who are in the US illegally are subject to deportation or removal from the US if they're caught by law enforcement agents. However, children of those same immigrants who are born in the US aren't because they're US citizens. According to a 2008 report, there are at least 4 million US-born children of undocumented immigrants in the US today.

In late July 2010, some of these children flexed some of the power they enjoy as US citizens. From Texas to Florida, they, and in many cases their undocumented parents, loaded into buses and vans and headed to Washington, D.C.

Why? To protest and demand a stop to the deportation of their parents. They are, their children argue, productive and valuable assets to their communities. Not only that, but their deportations lead to the break-up of families, where young children often face an impossible choice. Do they stay in the US or leave with their families? In D.C., they're looking for some type of reform that will spare both parents and children from such scenarios.

Those against the reform echo the argument heard for years now: The US can't reward immigrants who came into and remain in the US illegally.

The End of "Birthright Citizenship?"

"Birthright citizenship" comes from the Fourteenth Amendment to the US Constitution. Basically, it states that practically anyone born in the US is automatically a US citizen. So, children born on US soil to parents in the US illegally take their first breaths as US citizens.

In the middle of the raging 2010 immigration debate, there's some talk about changing how that works. Specifically, Senators Graham and Kyl, among others, publicly announced their opinions that the Fourteenth Amendment needs to be amended.

They argue the amendment is being abused. They cite instances where wealthy foreign nationals come to the US for a brief "vacation" and stay just long enough to give birth to a child. Of course, they mention the millions of immigrants who intentionally enter the US illegally and have children, too.

The amendment, they claim, is intended to guarantee equal treatment and citizenship to post-civil war slaves. It was never meant to guarantee citizenship to anyone and everyone born on US soil.

Critics of the amendment claim the exact opposite. Except two narrow exceptions (children of foreign sovereigns or diplomats), anyone and everyone born in the US is automatically a US citizen. Period.

What's Being Proposed?

There aren't many details about the new amendment - in fact, it's just talk right now. No one has actually proposed the change in Congress, so we have to speculate. It's unlikely that current US-born citizens would be stripped of their citizenship. Such a move would guarantee lawsuits of epic proportions. It would likely include a "grandfather clause" for them. There'd probably be an exemption for children born within a certain time of the amendment's effective date, too.

It won't be an easy road, either. To amend the Constitution, it takes the approval of two-thirds of the House of Representatives, two-thirds of the Senate, and three-fourths of the states' legislatures.

What Do You Think

No matter where you live - border state or not - practically everyone has an opinion on these and other immigration matters. Make your opinions known. Organize or participate in a march like the one held by US-born children of undocumented parents. Contact your representatives in Washington, D.C., and your state governor.

We can all agree that some sort of immigration reform is needed, and you can bet there will always be sharp disagreement about the best course to take. It's up to us all to participate in the process to come up with a solution.

Questions for Your Attorney

  • Can states give different birth certificates to children born to US citizens and children born to undocumented parents?
  • Is there a legal difference between a child born to US citizen and undocumented immigrant parents and a child born to two undocumented parents?
  • When can a police officer or law enforcement officer ask my parents for identification or immigration papers?