Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Immigration law reform
14th amendment and the effects today
Negative effects of the 14th amendment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Immigration law reform
The issue this debate is covering is weather or not the United States should allow the children of immigrants to become legal citizens. Some question if it is a violation of the US constitution to allow the citizenship of children born on US soil to parents who have entered the US illegally. The 14th Amendment to the constitution addresses this issue, however how the US should proceed as a country is still up for a very real and reasonable debate.
The 14th Amendment states:
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.
The 14th Amendment was initially passed to clarify the citizenship of Blacks in this country who had been forced here through slavery to no fault of their own and no longer have allegiance to their original place of residence, Africa. Therefor, their children have no other place of allegiance either. Many people argue that this clearly excludes children born of parents who were not legal citizens of the United States and regardless of the interpretation or misinterpretation; the intent was not to allow people who had entered the country of their own choice and illegally to have children here who would be considered citizens. The 14th Amendment has two specific requirements, one is “all persons naturalized in the United States” and the other is “subject to the Jurisdiction thereof”. It is the...
... middle of paper ...
... any laws is an oxymoron. You are breaking at least one law if you are here illegally. In addition disregarding any Amendment to the Constitution for political gain is a clear sign of where the US is heading as a country and that is not good for any of us. Even if it is the President of the United States, that does not make it right. It is for these reasons that the argument against making children of illegal immigrants citizens of the US is the more persuasive.
Works Cited
http://www.usnews.com/opinion/articles/2010/08/30/repealing-the-14th-amendment-would-not-fix-our-immigration-system http://www.usnews.com/opinion/articles/2010/08/30/14th-amendment-doesnt-make-illegal-aliens-children-citizens http://articles.chicagotribune.com/2013-02-10/news/sns-rt-us-usa-immigration-cantorbre91908j-20130210_1_immigration-reform-children-of-illegal-immigrants-dream-act
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
Imagine a world with an educated youth. Now imagine a parallel world where children are fighting to keep a smile on their faces, because, in truth, it is the only thing they have. In reality, this is what is happening. Youth, who have the privilege to be American citizens, are granted a very fulfilling education with a promise of a career. Children of illegal and undocumented immigrants do not have such luck. Some undocumented children in America have very promising futures and even a degree under their belts, but they cannot apply for a job because they have no proof of citizenship. A controversial topic is the matter of the DREAM Act (Development, Relief, and Education, for Alien Minors) which permits undocumented immigrants to obtain citizenship and later get a job. Is this topic really a law… or a lifestyle? Should we really be arguing on the matter of life or death?
This amendment was created during the reconstruction phase attempting to reunite this country after the brutal battles of the Civil War. Henretta and Brody emphasize how the Republicans were progressing in a direction to sanctify the civil rights of the black community. These authors contend the vital organ of the document was the wording in the first section. It said “all persons born or naturalized in the United States were citizens.” No state could abridge “the privileges or immunities of citizens of the United States”; deprive “any person of life, liberty, or property, without due process of law”; or deny anyone “the equal protection of the laws.”2 Imagine the problems that could arise in the country if repeal were to come to a realization. Henretta and Brody point out how the wording in section 1 of the document was written in a way that could be construed as inexplicit. The reason for this was for the judicial system and Congress could set an example for balance in due process here in the
The immigration debate has been in the news a great deal recently. Most of the attention has been focused on the illegal immigrants entering our country from Mexico, mostly Hispanics and Latinos. Uncontrolled immigration is harmful to the United States. It harms the American worker and it harms the American economy. The open borders are a threat to national security because terrorists, smugglers, and drug dealers can also freely cross the border. These key facts cannot be ignored and outweigh the claims that race and ethnicity are part of the debate. Immigration should be restricted and a better I.D. system would help stabilize the immigration problem.
... Over the course of the next century, the 14th Amendment would be used by the Federal government, particularly the Supreme Court, to integrate African Americans and other cultures into the society. This was and is a major step in the evolution of the United States into the melting pot of freedom that it has become known to be.
Based on "The Bill of Rights", foreigners do not have the right to enter the United States, but once here, immigrants are entitled to certain broad constitutional protections. In due process, immigrants have the right to be treated fairly, whether in a deportation hearing or a criminal court proceeding applies to every person within The United States borders. And Equal Protection prohibits discrimination based on race or national origin. An alien's rights to free speech and religious freedom are protected under the First Amendment. The Refugee Act of 1980 gives certain aliens the right to political asylum in the U.S. New immigrants to our country are not a scourge as some politicians claim. In fact, they can help solve many of our economic and social problems. Therefore when a child is born of illegal parents, the child should not be refused welfare. In other words, the child should not be treated as a second class citizen. In fact since it was born in the United States, he or she is to be considered a United States citizen because that is exactly what he or she is.
"The main controversy lies in the passing of a plethera of laws throughout the existence of the US regulating immigration and in the handling of illegal immigration. Modern immigration polocies have recieved less and less publicity as tolerance becomes more widespread, although each person is entitled to their own opinion about the issue" (Conover 342).
Amendments and laws such as the Thirteenth Amendment passed on 1865 prohibited slavery in the U.S. The fourteenth Amendment with the Civil Rights Act of 1866 granted citizenship to anyone regardless of race born the U.S. The Fifteenth Amendment in 1869 that allowed American men to vote regardless of race, and Civil Rights Act of 1875, which attempted to banned mistreatment, discrimination, and racism against blacks. Thankfully, we still possess these amendments nowadays, which have helped strengthen our rights. Unfortunately, there has been dispute about the Civil Right Act of 1866 along with the Fourteenth Amendment, for politicians are in dispute over American- born children with undocumented immigrant
...e undocumented youth, it is not where they were born that constitutes them, but where their heart lies. For these individuals, their heart lies in the Unites States of America.
The issue of immigration must be dealt with rationally, not emotionally. Facts, figures, and statistics must be studied by both sides in order to reach a decision most beneficial to our nation. Our lives are enhanced by the new jobs created by immigrants, the social service funds bolstered by their tax payments, and the valuable technical skills and knowledge brought with them. These benefits far outweigh any negative effects and prove the value of immigrants as they pursue the American Dream in our "nation of immigrants."
A topic crucial to the world today is illegal immigration. Illegal immigration is when people live in a country without permission from the government, nor have any legal documentation. As more and more illegal immigrants enter the United States, it either upsets some people, or others feel like they should just grant them ability to pursue life, liberty, and happiness because that is what the Constitution says. Some people feel that illegal immigrants should be protected by the same rights and laws as American citizens. On the other hand, many people believe that this is a horrible mistake. They feel that the rights of citizenship should be earned and not extended to people who haven broken the law just by being in the United States.
During the start of the African American civil rights movement, Africans Americans still were faced with Jim Crow laws which segregated them from whites. Under the Jim Crow laws African Americans had different schools, bathrooms, trains, buses and many other things that were separated from the white population. The case, Plessy v. Ferguson went through the U.S. Supreme Court and turned out to make a legal policy “separate but equal” (A Brief History of Jim Crow). The African Americans went on to develop the African American movement to fight for their equality. The Fourteenth Amendment helped them fight for their equal rights by proving they were not being treated with equality which was unconstitutional. The Fourteenth Amendment is for the equal protection of the law for all U.S. born citizens (Kelly).
...ol.” Debates on Immigration. Ed Judith Gans, Elaine M. Repogle, and Daniel J. Tichenor. Thousand Oaks, CA SAGE Reference, 2012: 144. Gale Virtual Library. Web. 22 Apr, 2014.
According to the article “5 facts about immigration in the U.S” at least one in every five student have one unauthorized immigrant as a parent. If immigrants cross to have anchor baby. An anchor baby is used to refer to a child born to a noncitizen mother in a country which has birthright citizenship. Imgrants are giving an advantage to america's future. Immigrants should able to stay in this country to stay with their children. 2016 presidential candidate has disagreed with anchor babies and wants to take away the citizenship away from children. According to Mr. Donald Trump about anchor babies he says"I don't think they have American citizenship and if you speak to some very, very good lawyers -- and I know some will disagree, but many of them agree with me -- and you're going to find they do not have American citizenship," (Donald Trump: “Anchor babies” aren't real american citizens). This has caused a very controversial debate because in the 14th amendment is states “all persons born or naturalized in the United States,” which included former slaves recently freed” which mean that they are citizens. Those children have been born in this country and should have the right to be called American
Will and in this essay the author challenges the citizenship status of children born to illegal immigrants. Will argues that the 14th Amendment, which grants citizenship to any person born in the United States, is being misinterpreted. He explains how this misinterpretation leads to the actual act of illegal immigration. For example, by essentially rewarding the children of illegal immigrants with an American citizenship Will demonstrates how this provides an incentive for illegal immigration. The author makes clear the idea that when the 14th Amendment was written in 1866 it could not have included illegal immigrants since that concept did not exist at that time. He continues by using Indians as an example of people not included in the 14th Amendment since Indians and their children owed allegiance to their tribes. Finally, the author uses a decision by the Supreme Court in 1884 that declared both person and country must consent to the citizenship; therefore, if the source is illegal then the child should not be considered a