“Birthright citizenship I think is a mistake ... People come here to have babies…That shouldn't be the case. That attracts people here for all the wrong reasons.”

 

The 14th Amendment was adopted on July 9, 1868 and it established that any person born in the United States, including African Americans, were citizens of the United States.  Section 1 of the 14th amendment specifically provides that:

 

“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.” 

 

Senator Graham’s proposal has instigated much controversy but has garnered only limited support.  Senator McCain (R-Ariz.) and other Republicans have said they would support hearings on the issue, but have refrained from supporting the proposal outright.  In a surprising twist former CNN correspondent Lou Dobbs, a staunch supporter of immigration enforcement, has come out against proposal saying:

 

“The idea that anchor babies somehow require changing the 14th Amendment, I part ways with the Senators on that because I believe the 14th Amendment, particularly in its due process and equal protection clauses, is so important… It lays the foundation for the entire Bill of Rights being applied to the states.”

 

Amending the constitution to address an immigration issue is ineffective and simply ridiculous for many reasons. First, it attacks a fundamental principle that has long been upheld by the Supreme Court.  Second, instead of deterring persons from entering the U.S. without authorization it would only create a new class of undocumented persons.  Thus, creating an additional logistical nightmare for the Department of Homeland Security to deal with, when they can hardly deal with the logistics of our current undocumented immigrant population.  Further, the 14th amendment provides valuable rights to all U.S. citizens, if we start chipping away at it whenever we feel so inclined, which class of individuals will be next?

 

Senate Majority Leader Harry Reid (D-Nev.) summed it up nicely when commenting on Republican support for the repeal saying:

 

"They've either taken leave of their senses or their principles."