Instant Citizens

A. J. Delgado, National Review, May 2, 2014

A new report by Rick Folbaum of CBS’s Miami affiliate shines light upon a pressing issue all too often ignored: women flocking to the U.S. in order to take advantage of the country’s notoriously generous birthright-citizenship policy. If a woman is here on vacation, or just passing through, and gives birth to a child on American soil: Boom! Automatic citizen! It may be that neither the child nor his parents have any ties whatsoever to the United States, yet the child is now an American citizen just as if his parents had worked, paid taxes, and been part of American society for years.

These children not only reap the incalculable advantages of U.S. citizenship but, when they turn 21, can sponsor their families’ U.S. residency–hence the term “anchor babies.”

{snip}

To be clear, there are two instances referred to as “birthright citizenship,” one of which is fair and one of which is ridiculous.The first is citizenship obtained at birth because at least one of the parents was a citizen at the time; this is referred to as jus sanguinis (Latin for “right of blood”), and it makes sense. The other is jus soli (Latin for “right of the soil”), citizenship granted simply by virtue of the child’s being born on that territory. For good reason, most nations, including every European nation, shun the soil-based “right” and instead grant citizenship only on the jus sanguinis principle. Out of the world’s advanced countries, only two grant automatic citizenship to those born on their soil: Canada and the United States.

So how did this happen? It’s thanks to the 14th Amendment, which reads: “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.” (The language was originally intended to rightly confer citizenship on freed slaves and their children.) However, the champions of jus soli conveniently ignore consideration of the phrase “subject to the jurisdiction thereof,” as a myriad of legal scholars have questioned whether this language does, in fact, support our jus soli approach. While a tourist or undocumented immigrant is technically subject to our laws while visiting (e.g., if he commits a crime, he will be arrested), is that the same type of “subject to American jurisdiction” the 14th Amendment’s authors had in mind? Is a tourist truly subjecting himself to American jurisdiction the same way an American is, simply by vacationing here? It is hard to argue that the amendment’s authors intended the automatic jus soli, if only because they could not and did not imagine the ramifications of their confusing wording as (a) illegal immigration was not a large concern in mid-19th-century America, during a time when the nation was looking to grow and particularly seeking additional hands to cultivate lands out West; and (b) American citizenship was not so coveted back then as to warrant a trip here specifically for one’s child to obtain it. At the time of its drafting, in fact, as explained by the Heritage Foundation’s Hans A. von Spakovsky, “subject to [American] jurisdiction” meant not owing allegiance to any other country. Tourists certainly do still owe allegiance to their home country.

A variety of bipartisan efforts over the past 20 years have attempted to narrow our overly broad application of the “birthright” concept. But none has gained sufficient legs, nor has the Supreme Court addressed the topic of whether the child of a passing tourist is entitled to citizenship or even whether the child of undocumented immigrants is entitled to such.

{snip}

The birth tourism industry provides unsettling answers to the questions “Is U.S. citizenship for sale?” and “What is U.S. citizenship worth?”

The Folbaum report mentioned earlier lifts the veil on the alarming number of Russian women who flock to south Florida precisely in order to give birth and then return home with the world jackpot of American citizenship. Folbaum notes:

Tiny red-covered feet kick at new life, born here in the USA, but headed back to mother Russia on a non-stop flight from Miami to Moscow. It’s all part of a booming baby business, created for women living in the former Soviet Bloc countries, who want to the benefits of giving birth to an American citizen. . . .

For weeks, CBS4 watched the check-in counter of the official Russian Airlines, Aeroflot, at Miami International, as dozens of women with tiny newborns prepared to board a flight with the newest member of their family, an infant and instant U.S. citizen.

Did you come here to give birth? asked our interpreter of a woman checking in to board Aeroflot with an infant. Yes, nodded the new mother. . . .

These businesses tend to charge between $20,000 and $100,000, acting as a sort of pregnancy concierge, recommending doctors and hospitals, short-term housing and transportation.

According to Folbaum’s report, just one of these “birth concierge” businesses estimates that 60 Russian women travel to south Florida specifically for this reason–per month! Add to that mothers from other nations (Numbers USA mentions South Korea and China, as well as Mexico), destinations in America other than south Florida, other concierge businesses, those who do not use a concierge service . . . and you have a number that is much, much higher than a few dozen per month.

{snip}

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  • D.B. Cooper

    YOU, YOU, and YOU are to blame for this. You complain about them, when you don’t even realize you need to ruing the careers of those responsible.
    It can be done. Remember disgraced Duke Rape Hoax attorney Mike Nifong?

    • tickyul

      As long as the language of the 14th has ANY room to be misinterpreted….it will be. Guess what, to clear things up, it needs to be amended…….that will NEVER happen.

  • Uncle Bob

    So why is this a bad thing? Because AJ DELGADO has a problem with it? How can we help MORE white babies come here? I didn’t know National Review had Afirmative Action writers.
    Thousands of latinos flood the country while we have 20% real unemployment and he’s complaining about a few Russian anchor babies? We should give their whole family citizenship as well.

    • If we want to encourage white babies, we should secure the border immediately, altar the 14th amendment, deport every illegal immigrant and their anchor babies, halt Asian immigration (for fear of political spying), halt Middle Eastern immigration (for fear of terrorism), and offer economic incentives to encourage Europeans to come here.

      Encouraging poor people to exploit our ridiculous amendment is just a bad idea, even if they’re white.

      • Bartek

        All your suggestions are good, but why not also encourage a blue collar economy so young White couples can get middle class jobs right out of high school and have children.
        Much of the demographic disaster owes its origin to the extension of adolescence for a decade so people can go to ‘mandatory’ college/liberal indoctrination just to work in sales/retail.
        By the time the ‘education’ scheme is said and done people are too old (sensible) and broke to procreate.

        • Never really thought about it like that. You have a point.

        • DAWNOFNEWDAY

          that’s why they push this anti-white, communism poison onto kids and young adults. They can waste their time pushing their communist agenda instead of breeding and building strong white families.

        • Terra Magnum Imperium

          Agreed, I have said before college is a waste of time for 70% of the students who attend due to IQ and the fact most occupations do not require 4 years of College. The German model in my opinion seems like a more sensible system. Whites tend to be more responsible and most will not consider having children they cannot support, one reason most foster parents are white… in short living wage job creation should be priority one because most tech jobs can be done with community college and vocation training which is quicker and much cheaper then 4 year schools taught by expensive PHD’s. Combine this with a strict immigration policies and simplified tax codes where most of the money goes to the states. Other things to consider are no corporate welfare or tax breaks and penalties for any company that outsources US labor or hires Illegals. Maybe this would help…

      • anew

        I’m actually glad that white immigration to the US is so low; at this point white immigration to the US is like throwing good money after bad. Better to concentrate on Europe where we still stand a chance. The US is gone.

        • LACountyRedneck

          I understand what you’re saying but wouldn’t it be better if the majority of immigration for now was White? I think we need to work on a White state/area per secession. Or are you suggesting we all move overseas?

          • anew

            I think we need to work on a white state/area per secession.

            I agree, but this area would only be 1/10 the size of the US, at most, so we already have way more people than we need for any future North American white ethno-state(s).

            We have extra people and they need young people, especially in places like Germany and Italy, which both have extremely low birth-rates.

    • sbuffalonative

      Well, for every one Russian who can afford to come here via air, one hundred Mexicans can cross the border on foot.

      And it’s not just the numbers. One has to question why Russians are doing this. Why do Russian citizens want their children to be American citizens and then return home with them?

      Maybe the cold war has cooled off but is there an ulterior, long-range motive behind this?

      I don’t want to be accused of spreading conspiracy theories but could this be something of a Manchurian Candidate scenario?

      • Bartek

        We can only hope…

      • Fighting_Northern_Spirit

        There are things I like about Russia and Putin, but my own personal experience with Russian immigrants in Los Angeles has been overwhelmingly negative. The ones I’ve met have been expert scammers having grown up under communism, with a truly odious sense of entitlement. My own preference would be to cut off all immigration and begin repatriation of most recent immigrants. Short of that, I hope that any future Eastern European or Russian immigrants will be of a different caliber.

  • E_Pluribus_Pluribus

    Sharing below an encapsulation — by an anonymous source — on the intent of the 14th Amendment’s Citizenship Clause, which reads:

    “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.”

    Thus, there are two components to American citizenship: 1) birth or naturalization in the U.S. and 2) being subject to the jurisdiction of the U.S.

    In 1868, the phrase “subject to the jurisdiction” meant owing exclusive political allegiance to the U.S.—which is not the case with illegal aliens. Indeed, Senator Jacob Howard of Ohio, the author of the citizenship clause, assured senate colleagues that the new language was not intended to give birthright citizenship to “persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.”

    Moreover, there is no Supreme Court decision squarely holding that children of illegal aliens are automatically citizens of the U.S. An 1898 decision, U.S. v. Wong Kim Ark, held by a vote of 5-4 that a child of LEGAL resident aliens is entitled to birthright citizenship. Some constitutional scholars think that the Wong Kim Ark case went too far. But to say that children of illegal aliens are entitled to citizenship is entirely different because their parents are here without permission. Thus, repeal of the current “anchor baby” policy should not require a constitutional amendment. Congress can end this self-destructive policy.

    • Bartek

      Hey maybe that’s the reason you get a Visa and/or permission to enter another country, so you have legal protection and status!
      Shhh, not supposed to bring concepts like that up, not progressive.

    • Very good. You don’t know what a relief it is for me to know that there are strong reasons for thinking the 14th doesn’t allow anchor babies.

  • ncpride

    We know Mexicans are probably the worst offenders of this sort of thing, yet they zero in on Russians? It’s suddenly a ‘concern’ when it’s White folk…. got it! Speaking of Russians, while I was in the hospital, I was surprised at the number of Russian nurses I had, who are obviously here legally. Their English was flawless, but some with a heavy accent. They were wonderful, and I was grateful to have them. That’s the kind of immigration we need.

    • Pro_Whitey

      To me, whatever it takes to get the issue considered is key. The same story could be done about the Chinese visiting California to have their babies there. I am also less concerned about whites, but it’s the principle of the thing I want to establish, and in the process have the citizenship claims of anchor babies disregarded.

      • ncpride

        Thing is though, I have zero faith in our government to actually do a thing about this, because it would affect more Mexicans than anything. We already have the likes of Bush claiming it’s ‘noble’ to cross our borders illegally. That being the case, I’d rather see more Whites taking advantage of this.

    • sulbernick

      Yes. In Britain the establishment moan is about immigration from Europe yet there is no mention of Third World immigration and the countless problems that causes.

  • WR_the_realist

    Now that white people, not just Hispanics and Asians, are taking advantage of this loophole, maybe congress will finally decide to close it.

    • rasher223

      Funny. The most desirable demographic stirs congress to actually enforce the laws.

      I think the govt is racist toward whites.

    • jeffaral

      There are many non-Whites from eastern Europe, especially from Russia.

      • Zaporizhian Sich

        Yes, a lot of Mongoloids and or Mongoloid Muslims, plus a fair number of “Eurasians” as well. One out of six people in Russia are Muslim.

    • Pro_Whitey

      As long as they close it for everybody, I’ll take it.
      This reminds me of the GOP idiots who tell us that hispanics are natural conservatives. As many have pointed out, if they truly were conservatives, Schumer and Pelosi would be at the border with machine guns blazing.

  • Luca

    Quite a few muslim women engage in that birth tourism too. They give birth here, take the child back to some Jihad country, indoctrinate him for a few years then he shows up back at our doors steps, goes to college, joins the military and who knows, maybe one day he’ll captain a nuclear armed sub for the US Navy.

    Not only do foreigners engage in “birth tourism” bu they also engage in “medical tourism”.

    Need a heart valve replacement? Can’t afford one for $50,000 in your country of origin? Hop on a plane to the US, show up at an ER and three days later you’re as good as new. Compliments of the US taxpayer.

    We really do need immigration reform and control but not the type the MSM is talking about and pushing for.

    • mobilebay

      “Who knows, maybe one day he’ll captain a nuclear armed sub for the US Navy.”

      Or, perhaps one day we will become an Army Major and be stationed at Ft. Hood, TX.

    • Zaporizhian Sich

      Great, so he could order a nuclear strike on American, European or Russian cities. Once airborne, millions will have five minutes or less to live, and the President will have that much time to decide what to do. Unlike ICBM’s which reach altitudes of 700 miles or more, SLBM’s can fly all the way through the atmosphere to the target. That means they are very difficult to shoot down or intercept, unless there’s anti-ballistic missile batteries ringing our cities just as Moscow has had anti-ballistic missile batteries around it since the 1960’s. It is insanity to allow ANY foreign national any access whatsoever to U.S. nuclear submarines, let alone nuclear missiles or the codes for arming and launching them.

  • IstvanIN

    When citizenship becomes as valuable or as worth protecting as flies then the nation is pretty much worth the same as poop.

    • Petronius

      Yes, sadly the US has not been a country for some decades now. It’s more like a big international airport.

  • Luke N

    A. J. Delgado is a white woman.

    So, a white woman is complaining that other white women are coming here to give birth to while children? This is why the white race is having all these troubles. The root cause of white decline is self-hate among whites.

    • Bartek

      Just read her bio, she’s Cuban and did a paper in college about the perils of ‘antisemitism’ (if that gives a hint about any other loyalties).

      • TXCriollo

        Shes not cuban shes a communistia

    • Ella

      As a White woman, I don’t get the luxury of selecting Luxembourg or Switzerland to give birth to my children. It is always “one way” for the American citizen, and we have little or no birthright in foreign countries.

  • Bartek

    Too bad you can’t sell/trade your citizenship. Maybe put up on Ebay, at least it would be good for something.

  • Truth Teller

    Bartek, well there are always green card marriages. Just be sure your income is at the required level, (forged w2s acceptable) and charge $50,000 cash down. There are plenty of asians and middle easterners who can afford it.

    • Bartek

      Sad thing is the initial divorce will cost more than the potential profit.

  • Alexandra1973

    First off the 14th Amendment was never really ratified.

    Secondly, the writers of the amendment made it clear that it was never meant to make anchor babies into citizens. I don’t care what country they’re from.

    • Petronius

      Thank you! This point (no proper ratification) about the 14th Amendment continues to be raised from time to time in Federal court litigation, but so far the US Supreme Court has side-stepped the issue.

    • shmo123

      That’s right. This is what Jacob Howard, the author of the 14th amendment said regarding its meaning:
      “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the family of ambassadors, or foreign ministers accredited to the government of the United States, but will include every other class of person”.
      I use this quote a lot because the meaning is very clear and apparent, especially: THIS WILL NOT, OF COURSE, INCLUDE PERSONS BORN IN THE UNITED STATES WHO ARE FOREIGNERS…”
      How can that be misconstrued?

    • Ringo Lennon

      I wouldn’t mind so much if they were all from Europe.

  • The U.S. is like the easy lounge lizard.

    No one will marry her, or show her respect, but she is available to used disrespectfully.
    Once carnal satisfaction has been achieved, she is kicked to the curb and forgotten.

    • IstvanIN

      What an awful, yet accurate description, we have become the world’s, as we used to say in high school, pass around Pat.

  • Anglo

    The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It was proposed in response to issues of giving citizenship to former slaves and was bitterly contested by Southern states. It is a corruption of the US Constitution.

    After the Civil War, the South was under military rule from 1867-1877. I consider the Fourteenth Amendment to be illegal and should be null and void. It was one of three Amendments the Southern states were forced to ratify (13th, 14th, 15th Amendments) in order for them to regain representation in Congress.

    • IstvanIN

      The Federal Government uses blackmail all the time to get its way. It takes the taxes of a state’s citizens and then tells that state that unless they do XYZ they will not receive funding for ABC.

      • Anglo

        The tragedy of the United States of America.

    • Pro_Whitey

      I think the Radical Republicans weren’t as concerned about the 13th amendment, and I think some southern states did not ratify it until on a pro forma basis in the late 20th century. The 14th amendment was key, and I understand some southern legislators were kept in session by federal troops, not allowed to leave until they ratified the 14th amendment. Based on those allegations, it appears to be invalid as involuntarily ratified.

      • Anglo

        Right!

      • Petronius

        This question of irregular ratification has been raised in litigation over the 14th Amendment in the past, and the Supreme Court has always side-stepped the issue.

        It is curious that the victorious North was content to cram down only the three Reconstruction Amendments (13th, 14th, and 15th) which dealt with rather small matters (due process, equal protection, voting rights, etc.), or with the matter of emancipation, which had already been settled, but the North failed to cram down an amendment abridging the sovereignty of the States, e.g. abolition of States rights, secession, nullification, State interposition, etc.

        The North might have, for example, Federalized voting, required election of Representatives from Federal districts, required election of the president by a popular vote of the entire nation, changed United States from plural to singular references in the Constitution, repealed the Tenth Amendment, and so forth.

        But the North did none of those things.

        As a result, since sovereignty must rest somewhere, it remains where it always was –– with the people of the various States. Seen in this light, the North may have won the war through the might of its military machine, but it lost the peace.

    • Alexandra1973

      Not only that but it also serves to centralize power. Before the 14th, I would have been a citizen of Ohio *first* and an American *second.* That amendment reversed that, and basically made the States into states…as in provinces.

  • captainc

    I don’t understand why whites in America keep on being crying babies, instead of taking responsibilities and swarming the political parties so that either way, they will be elected in high offices, that’s what the minorities do (Jews, Chinese, Indians, Blacks). That’s so obvious yet people prefer to whine.

  • Zaporizhian Sich

    I would rather see genuine Eastern Europeans immigrating here than the non-white, non-Christian invaders our ruling elite are flooding into the nation as fast as they can. Before there even was an America, they have been assimilating into the white population and contributing to the formation and growth of the country.

  • Evette Coutier

    If our country is so horribly anti-minority racist, why do they do everything they can to come here? Why don’t blacks go back to Africa to be with their brothers? Why does every minority in the world try to escape their home countries filled with their own brothers and sisters? Because their people have built living he’ll holes and they want to sponge off us.

  • Truth Teller

    Mexicans have been doing this for 50 years. Wealthy S. Americans have been flying to Miami for this even longer to keep their money safe from the endless revolutions. My son knew a Haitian boy in high school, 1984 born in Miami. His family owned a lot of property in Miami. The family had American health insurance. For Generations the women of the family flew to Miami 2nd month of pregnancy and had the babies there. The family actually had more money invested in the US than in Haiti. LaJolla Ca. is full of rich Mexicans who have their children there.

    S. California is full of Chinese women who have their children here and then go home. It is amazing how all those Chinese students and “temp” STEM workers all manage to get married and have their babies in Los Angeles.
    That is the rich and educated. Texas, Arizona, New Mexico and California are the to go
    states for 4ft bowling ball indios to get across the border and have their babies here at free county facilities. There was an article about Parkland Hospital in Dallas where Kennedy was taken after he was shot. The hospital had serious financial problems because of the tens of thousand of Mexicans who had their babies there and paid nothing, not even medicaid because they were not enrolled in medicaid.
    Want to know what medicaid pays for a normal childbirth? Last I knew a few years ago it was $1,100. American insurance companies pay $14,000 in most cities in California.
    Why do you think American insurance companies pay $14,000? Because medicaid pays $1,1000 and the hospital has to overcharge those who can pay.
    NR seems to have been purchased by AIPAC and the govt of Israel 30 years ago.

  • Zimriel

    For “East European”, read “Gypsy”. Or maybe “Kosovar”.

  • Ed

    I don’t think folks realize how Russians, Chinese and other people around the world view the USA. They generally view it as the land of the suckers.

  • clemensb

    Funny…with more and more Americans renouncing their citizenship because of all the fascist crap going on lately, maybe people who find out their kids are accidentally U.S.
    citizens because they gave birth prematurely on a brief layover will GTF out before the kid is subject to the IRS.

    Just not sure if the “benefits” of citizenship outweigh the costs anymore.

  • Paulie Boy

    Ah, more deracinated lunacy from the nancy boys at national review. I welcome Eastern European immigration, legal or illegal. Eastern Europeans aren’t deracinated betas like the vast majority of European-American males. I read a couple of years ago that the one of the reasons the many native English support ending Eastern European immigration is because the Poles and other slavs are racist…………….that says it all.

  • Ringo Lennon

    Chicago looks like a post 1965 Immigration and Nationality Act city with all the non white aliens. Cities like St. Louis, Cincinnati, Pittsburgh, Philly and scores of other cities look like pre 1965 Immigration and Nationality Act cities. Nary a non white immigrant. Maybe Kennedy was right that the Act wouldn’t change makeup of cities. You can find American cities if you look, fairly easy.

  • NeanderthalDNA

    Sure Paulie, organized crime. Don’t want to lionize crime, but…
    “This thing of ours” still keeps their neighborhoods nice from what I hear. I wonder if the loss of some “dark side” in a folk ultimately results in some form of…”Eloi-ization”.
    I’ve always liked the Hell’s Kitchen Guido, Mick, and Pollok peckerwoods I’ve met. Good to have on your side in a sticky wicket, lol…

  • NoMosqueHere

    The anchor baby phenomenon is horrendous, but if that’s the way the demographic war is being fought whites should learn to play it too. Pro white groups should encourage white European, South African, or other white women to have children in the US as well.

    • IstvanIN

      We would have to do like the Chinese and Turks do, set up birthing centers.

  • I wonder how many of these birth-tourists are actually Roma – Gypsies. The mainstream media has been using “Eastern European” as code for “Gypsy” for some years now.

    • Zaporizhian Sich

      Ugh, that offends me tremendously that those who control the media from the shadows lumping Roma in with genuine Slavs. Of course that is a smear campaign against Eastern Europeans.

  • IstvanIN

    Lindbergh was so right on so many issues, no wonder a certain group hates him.