In 2010 the nation engaged in spirited debate over illegal immigration. The state of Arizona was unconstitutionally boycotted (Friedman) and sued by the federal government for passing legislation that sought to enforce existing federal laws that the federal government struggles to uphold. (Johnson) The federal government directly challenged provisions in the Arizona law and quietly placed them in its own failed DREAM Act which sought to grant amnesty to many in the nation unlawfully. (Johnson)
Illegal immigration is not just a matter of a single unlawful generation. The issue is complicated by the children born to them which are granted citizenship under the 14th Amendment which in turn “anchors” both the children and their parents to the U.S.(Johnson) During the spirited immigration debate of last year, Arizona began legislation to prevent 14th Amendment birthrights from being granted to children born to those unlawful residents of the U.S. This legislation will be introduced in Washington this week and unlike SB 1070, it is designed as a blueprint for other states that have expressed their interest in immigration enforcement measures. (Goodwin)
This too has fallen under debate. The 14th Amendment was designed to grant citizenship to the children born of slaves; an aspect of the Amendment that fuels its own controversy. It is felt by many that the exploitation of such an amendment by those who have willingly and deliberately come to America unlawfully to use the 14th Amendment to undermine the laws of the land is a deplorable act that should result in immediate deportation for both the parents and children alike.
On the other side of the debate is that the 14th Amendment was also designed with Asian immigrants in mind who were previously “forever banned” from citizenship in the U.S. Moreover, Supreme Court rulings such as Yick Wo v. Hopkins declared Chinese Americans as “persons” under the Fourteenth Amendment’s equal protections clause. (Asian American Legal Foundation) It is important to note that Chinese as it pertains to this case, were in the U.S. unlawfully. (FindLaw), ( US Supreme Court Center),(Columbia Law Review,Vol. 49, No. 2 (Feb., 1949), pp. 257-264), (Cutler)
Currently there are at least fourteen states seeking to tighten the laws against illegal immigration. The collective will have to challenge a federal government that will criticize and fault aspects of the state’s legislative measures and in turn use them same measures they fought against in the government’s own legislation. What this Obama administration hypocrisy demonstrates is that the efforts on the state’s part have far more merit than the DC rhetoric will allow Obama administration to ever admit.(Johnson)
Arizona has moved so fast on this, the Obama administration has had no time to begin organizing their grassroots efforts to wage a public war favoring the unlawful over the lawful. (Johnson)The Obama administration has long since painted an unpleasant picture of those supportive of immigration enforcement. What is not told is that Americans uniformly support legal immigration in America. (Americans for Legal Immigration) Exposed is the Obama administration’s lack of progress in correcting the “broken immigration system” in America which Americans would clearly back. To date, the government’s efforts have been limited to directed stimulus funds with virtually zero progress in easing the cumbersome process of legal immigration. (Whitehouse.gov) The focus of the American government has been to ease illegal immigration while other nations have been moving in the direction of Arizona and tightening programs, procedures and legislation against illegal immigration after seeing the damages of amnesty programs in support of rapidly growing economies which have long since contracted into severe recessions. (NumbersUSA), (Limits to Growth, An iconoclastic view of immigration and culture)
The Obama administration will demonize the efforts of states seeking to enforce and enhance immigration laws in the name of a foreign policy adopted to win international favor, while the international tone favors nations, borders and true sovereignty against illegal immigration.
US Supreme Court Center. “YICK WO V. HOPKINS, 118 U. S. 356 (1886).” Justia US Supreme Court Center. 03 01 2010 <supreme.justia.com/us/118/356/case.html>.
Americans for Legal Immigration. “Americans for Legal Immigration.” Americans for Legal Immigration. 03 01 2011 <www.alipac.us/>.
Asian American Legal Foundation. “Our Historical Mission.” Asian American Legal Foundation. 03 01 2011 <www.asianamericanlegal.com/index.php?option=com_content&task=view….
Columbia Law Review,Vol. 49, No. 2 (Feb., 1949), pp. 257-264. “1947-48 Term of the Supreme Court: The Alien’s Right to Work.” 02 1949. JSTOR. 03 01 2011 <www.jstor.org/pss/1118337>.
Cutler, John Ward. “The Treatment of Foreigners: In Relation to the Draft Convention and Conference of 1929, Published byThe American Societyl of International Law, Vol. 27, No. 2 (Apr., 1933), pp. 225-246.” 04 1933. JSTOR, . 03 01 2011 <www.jstor.org/pss/2189548>.
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Friedman, David. “Is Boycotting Arizona Unconstitutional?” 14 5 2010. Ideas. 03 01 2011 <daviddfriedman.blogspot.com/2010/05/is-boycotting-arizona-unconst….
Goodwin, Liz. 14 states may target birthright citizenship. 03 01 2011. 03 01 2011 <news.yahoo.com/s/yblog_thelookout/14-states-may-target-birthright….
Johnson, Paul. Arizona Takes Aim On Anchor Babies. 12 06 2010. 03 01 2011 <glowbass.com/libertarian-in-phoenix/arizona-takes-aim-on-anch….
—. “Resurrecting the DREAM Act.” 24 12 2010. Examiner. 03 01 2011 <glowbass.com/libertarian-in-phoenix/resurrecting-the-dream-act>.
—. “The DoJ: Abdication V. Responsibility and SB 1070.” 8 7 2010. Examiner. 03 01 2011 <glowbass.com/libertarian-in-phoenix/the-doj-abdication-v-resp….
—. Why the DREAM Act Failed. 21 12 2010. 03 01 2010 <glowbass.com/libertarian-in-phoenix/why-the-dream-act-failed>.
Limits to Growth, An iconoclastic view of immigration and culture. “Swiss Voters Choose Deportation for Criminal Aliens.” 27 11 2010. Limits to Growth. 03 01 2011 <www.limitstogrowth.org/articles/2010/11/29/swiss-voters-choose-de….
NumbersUSA. “attrition Through Enforcement, .” 28 05 2009. Spain Toughening Immigration Policies. 03 01 2011 <www.numbersusa.com/content/news/may-28-2009/spain-revisiting-immi….
US Supreme Court Center. “UNITED STATES V. WONG KIM ARK, 169 U. S. 649 (1898).” 28 03 1898. JSTOR. 03 01 2011 <supreme.justia.com/us/169/649/case.html>.
Whitehouse.gov. “Immigration.” Whitehouse.gov. 03 01 2011 <www.whitehouse.gov/issues/immigration>.