Pregnant migrants confess to crossing border to secure citizenship for family

By 
 December 28, 2023

Pregnant foreign nationals residing in Mexico acknowledge their intent to cross the U.S.-Mexico border with the aim of securing birthright American citizenship for their children, as reported by the Associated Press (AP).

The AP interviewed individuals, including a couple expecting their third child, who are staying in shelters in Mexico.

The details

The couple expressed their goal to cross the border before the baby's delivery to ensure birthright citizenship, as permitted by current federal regulations.

The AP's report highlighted a family, including David Peña, his two daughters, and his pregnant wife, Maryeris Zerpa, who hoped to reach the United States before the imminent birth of their child.

Peña explained their objective to cross the border for the baby to be born in the U.S., emphasizing the uncertainty due to the lack of an asylum appointment.

Anchor babies

The term "anchor babies" refers to the American-born children of illegal aliens who gain birthright citizenship, enabling them to later sponsor their parents and relatives for green cards, establishing a multi-generational family presence in the U.S.

The concept of birthright citizenship has led to birth tourism, attracting foreign nationals seeking this coveted status.

As of today, there are approximately 5.8 million anchor babies in the United States, surpassing the annual number of American births.

The court's view

While the U.S. Supreme Court has not definitively ruled on whether the children of illegal aliens are entitled to birthright citizenship, some legal scholars challenge this idea.

Conservative scholars argue that the 14th Amendment's Citizenship Clause does not mandate birthright citizenship for the American-born children of illegal aliens, contending that these children do not fall under U.S. jurisdiction as intended when the amendment was ratified.

Unlike the United States and Canada, numerous developed nations, including Australia, France, Ireland, Luxembourg, Malta, New Zealand, and Spain, restrict birthright citizenship to children born to at least one citizen parent, basing citizenship on parental status rather than physical birthplace.

The phenomenon of "anchor babies" has raised debates over the interpretation of the 14th Amendment's Citizenship Clause. While birthright citizenship has become a central aspect of U.S. immigration policy, legal scholars dispute whether the amendment mandates this status for the children of illegal aliens. Conservative scholars argue that the original intent of the Citizenship Clause was not to automatically confer citizenship on those born to noncitizens or individuals not under U.S. jurisdiction.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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