Children of Undocumented Workers

[oldlady]

It bothers me that the discussion doesn't include them. I know quite a few undocumented or falsely-documented workers. They work in many different types of workplaces, but MOST have one thing in common beyond their citizenship status-- children with US citizens. Most are men who came across the border at ages 18-22...who'd they pair up with-- our daughters. I hate to think of all those families being torn apart. Family values, yeah right. Same goes for guest worker programs...gonna be a lot of un-daddied babies in America.

[monktonman]

1. You've got to be joking.

this is a joke right????

[babylonsister]

2. Curious here; what do you find so funny? nt

[hwmnbn]

4. It's no joke ....

Children born here are automatically US citizens. Unless you change THAT law, the problem the OP stated is very real.

Will you start deporting those kids too?

[shoelace414]

7. Law? you mean this law?

AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

Section 1.
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.

so it would require a constitutional amendment

[TechBear_Seattle]

8. There is no such law

It is a part of the Constitution: 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. (Amendment XIII, section 1)

Frankly, I would be very, very leery of allowing right of citizenship to be determined only by law and not by constitutional protection. The idea that neo-con rightards could determine, by legislative act, who is and is not a citizen (and thus protected by constitutional rights) scares me near to death.

[Blue Diadem]

15. They don't deport the children..it happened here to Koreans

They shipped BOTH parents back to Korea and left the 15 yr old here.

[oldlady]

10. not at all funny to me

my grandson's father is not here legally. They are not married as he lacks enough paperwork to apply for a license. We worry daily about my grandson losing his dad. No. not funny at all & not a joke. I know at least 8 families in similar circumstances.

[NMDemDist2]

3. marriage to a US citizen is an automatic resident alien status n/t

[babylonsister]

5. An old friend's son-in-law who lives in TX was almost

kicked out of the US; he's Mexican, married to a citizen and has three children. This was right after 9/11 and, after jumping through many hoops including hiring a lawyer, he finally got resident alien status. But they sure don't make it easy.

[mohinoaklawnillinois]

6. No, it is not...

If the spouse overstayed a visa, the process is far from automatic.

[blondeatlast]

16. Indeed, a friend of mine has been sent back to Mexico

and my husband had the same problem, although being from India they didn't send him back.

I'm not saying they are picking and choosing, but--well, I guess I am saying they are picking and choosing.

[Deep13]

9. No it's not.

Our cousin from the UK married an American. They had to go through a lengthy approval process to prove that they wanted to be married and that it was not a shame marriage for immigration purposes. Even then, she was not allowed to work for six months.

I'm sorry about the children. Under the 14th Amend. They are citizens. I suppose the choice is either let them stay in the USA with the mother if she is a citizen or else let them be raised in the parent's country of residence until they attain majority. Otherwise, the child could be placed for adoption with an American couple. In any event, no reward must be allowed for those who enter this country unlawfully. These people have willfully broken the law.

If you know of people living unlawfully in this country, I submit that you have a duty to your nation to put your personal feelings aside and report it to INS.

[Maiden England]

11. NO it is not

I married my Husband, who is a US citizen. I then had to return to the UK to wait for my visa to be processed. It was another 11 months before I got to come back to the US legally. If you want to marry someone and stay, you have to apply for a fiance visa - and prove the relationship is real before they give you a visa.

It also costs a fair amount (around $500-600), plus the US citizen has to earn a certain amount of money to be approved to 'support' you.

It is far far from automatic.

[bluedog]

13. no....if spouse is in another they have to wait like anyone else!

[Finder]

12. I think it is a big part of the debate...

although we never get to discuss because the meme about jobs is at the forefront.

Over half a million are protesting on the streets. They know the impact on families. They are not protesting to steal jobs.

[TahitiNut]

14. How about the children of legal immigrants of the past?

Once upon a time, people migrated to the United States in order to work hard and leave a legacy for their children - a legacy that wouldn't be confiscated by the monarchs and dictators in the lands they left. The 'promise' of America was that these people could build a nation, through hard work and abiding with the Laws of The People, and that nation would be a legacy to their children.

They obeyed the laws and paid their dues. They helped build a nation, including its infrastructure. They didn't become wealthy, but they had a legacy nonetheless. We're seeing an elimination of estate taxes for those whose wealth was derived fom the labor of others and seeing another "estate" being confiscated/taxed in the Name of Cheap Labor, exploitation, and privileged wealth.

At the same time these domestic profiteers helped open the back door to the pressure cooker of the plantation economy of neighboring countries, they plugged up the regulated pressure release valve called 'legal immigration'. After all, we can't accept more legal immigrants (under our "quota" system) because it might actually offer an alternative to people who come here illegally and, because of that, are willing to work for less ... and can't vote!

Anyone who can't see this as a fiasco that's the result of human exploitation isn't looking very hard. At least that's how it looks to me.

[ourbluenation]

17. A few months ago some rightie in the House proposed amending

the constitution so that children of illegals born here are no longer automatic citizens. Can't remember who but I'll bet you anything it's buried in the bill passed by the house last week.