Sunday, February 15, 2009

100-Thousand With Children Who Are U.S. Citizens Deported




The other day we discussed on News Talk Online on Paltalk.com the housing of women and children in an immigrant detention facility outside of Austin, TX.

Now comes word that some 100,000 illegal immigrants who have children who are U.S. citizens have been deported to their home countries over a 10-year period.

In some cases the deportees were convicted criminals. Some may have had more than one child who is a U.S. citizen. And there's a chance that some deportees with children who are U.S. citizens were not included in this count.

The Homeland Security Department says some of the deportees took their children with them. But some of them left their children behind in the United States.

Those who are in this country illegally and who commit criminal acts should, of course, be sent back to their home countries after serving time for the crime they committed. But what about those who have children who were born in the United States but were sent back only because they were undocumented immigrants? Given the number of undocumented immigrants in the United States, and given proposals by both the Republicans and the Democrats to grant some kind of amnesty, shouldn't those who have children who are U.S. citizens be fast-tracked to citizenship?

These families are faced with two prospects. Either go back to their home countries with their children who, under the law, should enjoy all the rights, responsibilities and privileges of U.S. citizenship. Or divide the families.

Neither option is particularly palatable.

It's unfashionable, now, in a time of high unemployment, to be sympathetic to the plight of illegal aliens. But some kind of special consideration should be given in the case of those who have children who are U.S. citizens.

34 comments:

Anonymous said...

These people had children in the US on purpose so they can collect benefits off the kids. I have no sympathy for them. Stop using this "anchor baby" trick to stay. If an American had a baby in Mexico would they stay in Mexico? I think not.

dj-rob said...

hello Gary,
Well you are right what you said in that blog. But who knows on how they are trying to take care of them selves. Or who knows down the line.

Brizter said...

It does seem overly zealous to punish the child for the sins of the parent.

If they were born in the US they should be entitled to all the benefits AND responsibilities that citizenship brings, which precludes deportation to another country which they have probably never even been to and whose culture would be relatively alien to them.

Queen_Brat said...

Well I feel this is a double edge sword on a few counts. #1 since the children are U.S. citizens the family unit shouldn't be broken. #2 if illegal immigrants know that if they have children in the U.S. and can become legal citizens by having children, it will create even larger issues, such as high sexual crimes, and a population boom in a country already having an issue in finacial stablity. #3 from my observations, illegal imigrants are willing to work and work hard for what they want, which of course is the American Dream, therefore allowing them to be citizens helps for them to contribute with taxes, medical insurance and a try at stabilizing what U.S. citizens are already supporting. #4 deporting only because they are criminals doesnt provide nothing but an expense on the country. They are criminals for a reason and they will find their way back, they always do. On my final note, our country is based on vast diversity, either join mexico, cuba and other near countries to make it possible for a better transition or continue spending hard working tax payers dollars and remove them. Either way, it is a double edge sword. And there is going to be both negative and positive impacts.

RICESKI said...

But what about those who have children who were born in the United States but were sent back only because they were undocumented immigrants?


Gary calling these people undocumented immigrants is like calling a drug dealer an unlicensed pharmacist. You have totally lost is and this is repugnant to me.

Anonymous said...

Let's say, for example, that someone from a country with a dictatorship comes into this country legally but then overstays his visa.

While here he meets an American woman. They fall in love. They have a child.

Should the child, a U.S. citizen, be sent back with the father to the dictatorship?? Is that what we do with U.S. citizens these days? Children no less?

Or should the parent and child be separated? Are we now for breaking up families?

Say the father is from Mexico. 70 percent of Mexicans live in abject poverty. Do we want to send that innocent child, an AMERICAN, into that kind of an environment?

I guess we lost our compassion somewhere along the line here in the United States of America. The Statue of Liberty must be shedding tears.

Anonymous said...

After reading this and the comments I guess I need to say my views. Its a sticky situation. Being born in the US does make you a citizen, which as one person said......if we automatically make the parents citizens then we would have a flood of illegals doing this. I agree with Queen when she says they are hardworking but she need to add one word........SOME........way too many illegal immigrants are here getting financial assistance, food stamps, medicaid, and housing without ever paying a tax or becoming a citizen and this I find disgusting and it really upsets me to watch the elderly who have worked and paid taxes all their lives to only get a small pension while these ILLEGAL immigrants are raking it in from our government. In the area I live I SEE this happening. This is not rumor. I've been in the Humane Services office here and I have SEEN the poster which clearly stated (in english and spanish) "If your are and illegal immigrant and are having problems recieving financial assitance please call this number......we can help you" This is soooo wrong to toss the lifelong citizens breadcrumbs and dole the money out to ILLEGALS.......btw what part of illegal are we not getting?
TJonna

Anonymous said...

A lot of families come to US to have their children here because they know of the law 'If the child is born in US, he/she is US citizen automatically'. Parents are abusing that system.The system should change. Then we wouldn't feel so bad about the children. And it's our tax money paying for those children. Don't we have enough criminals living off tax payers hard earned money?
Tink from paltalk.

Deborah Judges said...

As a corrections Officer I am greatly disturbed at this situation. No child should be incarcerated with adults, EVER. The complications for such a scenario is mindboggling to me. Moreover this situation has occurred while failing to establish culpability of these children. Finacially there are alternatives as well.For those whom would disagree, because of their own personal fustration of the illegal alien issue, my arguement is this. Please look up at the daily costs per person for the penal instutional care. My suggestion? Removal of these children and place them in protective custody/care. Groups Homes are FAR less expensive, and more human. Action should also be taken to return these children to their closest family members.

Anonymous said...

This is a very sticky issue, that requires reviewing some laws that end up having unintended consequences...Sometimes the rigidity and unwavering decisions of some laws tend to create more issues than they resolve. This is one of them.

US citizens who have been deported with their parents should be allowed to return, or be given rights and services outside of the countries where their parents now reside.

Immigration used to be a seasonal issue, where immigrants come and go and have a benefited both the US and the countries immigrants originate from. With the tightening of border crossings, millions of immigrants were compelled to stay in the US.

Immigration to the US should not be viewed as a burden. It is a positive thing that should be promoted within the confines of the law.

Milliss

Deborah Judges said...

Upon reading some of the comments I ask... Our society rarely accepts responsibility for their actions, always eschew culpability, and when that has failed expects mercy. Yet it seems the prevailing attidue is some sort gratification, even contentment with in having children be condemned for the sins of their parents..

Anonymous said...

This delicate stuff, but so I'll tread lightly here.

The constitutional aspect of being a citizen by birth is probably outdated. The intention was never to encourage millions of foreign nationals, especially from a single country, to enter the country illegally giving birth to millions of children to become wards of the state.

But that is all academic at this point. As a practical matter, it is clear that there must be at some point a legal precedent must be set, or this issue can never be resolved.

As minor children inherently have always had limited legal rights, some arbitrary, that fact that the are dependents may mandate that they are part of a family group, and the children are legally "attached" to that family group, which is in status violation.

Tricky stuff.

But the essence remains that spending the next 20 years watching this problem escalate is also no answer.

Clearly the (abused) citizenship law needs revision.

Roy Hobbs

Anonymous said...

Mr. Baumgarten, I think this is a very complex problem. May I ask if ,as you suggested, allowing illegal immigrants with children who are U.S. citizens to gain priority over other groups, would it inadvertently encourage immigrants to give birth in the U.S.? The Emergency Medical Treatment & Labor Act requires hospitals to provide care to all pregnant women without regard to their ability to pay; it adds to the cost of our health care system. Also, as U.S. citizens, these children are qualified for certain social security benefits. How do we give appropriate incentives to encourage productivity to our country while keeping their families together? Personally, I would prefer those children with U.S. citizenship to live with their parents if the parents are deported. These children are Americans; they can come back to live in the U.S. anytime. Family first!

Anonymous said...

In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by stating:

"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."

----------

This says the children born to Illegal aliens are NOT citizens of the United States.

http://www.14thamendment.us/birthright_citizenship/original_intent.html

Anonymous said...

As an immigrant myself, my opinion is send all undocumented aliens. It might be too harsh but the fact of the matter is, they are the ones who put themselves in the situation they shouldn't be. Of course we all came here in this country for one thing " to better our lives" but if someone is breaking the law, then he or she suffers the consequences. I don't have sympathy about tearing family apart. It's a free country, they can take their kids with them if they want and if kids are too young to fend for themselves and that should fix the problem of tearing family apart excuse. Adult members of the family can visit their family if they want. So enough of BS and let's get to real issues!

Queen_Brat said...

To the person who quoted the 14th Amendment, I would take it the same as you have. Very well researched. Good job!

Anonymous said...

i know this because i am a LEGAL alien who went has gone through teh process of obtaining a GreenCard. This was ONE of the frist things I was told. More Americans need to know their own laws:)

Anonymous said...

i know this because i am a LEGAL alien who wentthrough the process of obtaining a GreenCard. This was ONE of the frist things I was told. More Americans need to know their own laws:)
reposting

Anonymous said...

the name of the act is The Immigration and Naturalization Services Act amendments of 1965 (Hart-Celler Act, INS Act of 1965,

THE LonesomeDove said...

Those who are in this country illegally and who commit criminal acts should, of course, be sent back to their home countries after serving time for the crime they committed. But what about those who have children who were born in the United States but were sent back only because they were undocumented immigrants?

Two things:

1. Those who are in this country illegally HAVE committed a criminal act. That’s a gotcha.
2. I take exception to the sugar-coated, politically correct term “undocumented immigrant”. The accepted definition of immigrant is pretty much “a person who comes to a country where they were not born in order to settle there.”, like my grandparents who entered the country legally through Ellis Island. You are referring to illegal aliens though, and an alien is one who “does not owe allegiance to your country”. Those who are sincere about wanting to settle here, become citizens and assimilate into our society don’t run around waving Mexican flags at demonstrations, do they?

That isn’t the point of your question though. I believe you’re asking if the government has a moral obligation to give special consideration to people who have broken the law because they have children who were born in the US. In my opinion, the answer is no, and if we hadn't traveled so far from the Constitution in this country, it wouldn't even come into question! The Constitution is a marvelous document and I would refer you to the 14th Amendment.

For the sake of argument though, let’s look at it from a different perspective. The government actually splits up families every day - even when all parties are citizens. If an American commits a crime and is sentenced to prison or in extreme cases, the death penalty, the family unit is divided, as unpalatable as that might be. The judge or jury cannot and does not base sentencing on whether or not the convicted person has children. Again for the sake of argument, even if these children are truly citizens, cause and effect are the same whether the guilty party is sent to San Quentin - or San Luis Potosí - someone's mother or father broke the law, and someone's mother or father is going away.

nancy bas mo 3agram said...

I read and fully understand Gary's point of view.I think that the inocent people that are immigrants should not just be deported but given the right and opportunity on the free country of America to have time to file for citizenshiip. Even if they are illigal aliens they must of left their home lands for a reason, feeling America clearly was a great country to be in.

Anonymous said...

The 14th ammendment seems to cover the legalities of this situation, so I guess all that is left is the emotional issue.
How do we feel about people who abandon their children? How do we feel about people who abuse their children? Not a lot I wouldn't think. Keeping the children because they are US citizens would be tantamount to abuse since it would require splitting a family up. Maybe the wishes of the children could figure in this equation.

Anonymous said...

nancy then why don't you call your congress reps and ask them to reform the 14th Amendment, while you are at it suggest they give back the fee's that legal aliens have pay when doing it the right way.

Anonymous said...

nancy then why don't you call your congress reps and ask them to reform the 14th Amendment, while you are at it suggest they give back the fee's that legal aliens have pay when doing it the right way.

Anonymous said...

I'm SO happy that all you constitutional scholars have resolved this issue.

How is it that you all know the law so much better than the federal government?

Look at the ORIGINAL posting. The United States of America Department of Homeland Security reports that 100,000+ illegal immigarants with CHILDREN WHO ARE U.S. CITIZENS have been deported in a 10-year period.

So glad that you've been able to resolve this for the feds by just saying that, hey, these children are NOT U.S. citizens. You can now sleep well knowing that the the children being sent back to squallier are illegal immigrants as well (even though they were born in the USA).

nancy bas mo 3agram said...

Hello anonymous, to reply to the persons comments towards me i have to say a few things. first of all before anything you should create a nickname and make yourself known not stay in the shadows, this is from the 14 amendment itself "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. " basically stating that if you live here you need to be treated as an equal and givin right.

Anonymous said...

The world really needs a consensus on how to apply citizenship. Some countries give citizenship on the merit of having been born there, whether or not they have any other ties. Others on blood.

Some people have citizenship of countries they've never lived in and have no connection to. It's perfectly possible to have a combination of parents and place of birth that prevents a child from acquiring citizenship of any country.

Of course, the problem is, citizenship in some countries is more desirable than citizenship in other countries.

Anonymous said...

The world really needs a consensus on how to apply citizenship. Some countries give citizenship on the merit of having been born there, whether or not they have any other ties. Others on blood.

Some people have citizenship of countries they've never lived in and have no connection to. It's perfectly possible to have a combination of parents and place of birth that prevents a child from acquiring citizenship of any country.

Of course, the problem is, citizenship in some countries is more desirable than citizenship in other countries.

Anonymous said...

We have to differentiate between what is commonly called illegal immigration and illegal immigrants who are also criminals.

When discussing this issue, the main focus should be on children who were born in the United States to undocumented immigrants.

I agree that immigrants who are in the country illegally, even those who have not committed any other crimes, should be deported. But what of their children? Especially children who were born in the USA.

If they were born in the United States they are, in spite of misinformation posted by others, citizens of the United States.If they are minors then they are in the custody of their parents. If their parents are deported, the United States government is still responsible for their treatment because they are U.S. citizens.

Americans should not forget. The United States is a nation of immigrants. This kind of phobia is nothing new. For example, there were days in the United States when people from Ireland were treated with the kind of disrespect that many immigrants from Latin America and other regions of the world face today.

There was a huge influx of immigrants around the time of the two World Wars. People fleeing countries where they suffered horrible political and economic conditions sought opportunities in the United States - the Land of Opportunity. Those streaming across the borders of the United States today are no different.

The term illegal alien is one that many immigrants and immigrant rights groups dislike. They point to the "coyotes" - the smugglers who are paid thousands of dollars per person to take them across the border. These are the real criminals. They rarely are captured, even after leaving their customers to die in trucks and car trunks under the hot desert sun.

If you want to crack down on illegals, start with the coyotes!

sil2004

Anonymous said...

The 14th ammendment IS NOT MISinformation

THE LonesomeDove said...

Anonymous said...
The world really needs a consensus on how to apply citizenship.


REALLY??? Well, exuse US! Should the world have a consensus on crime and punishment too? I strongly suggest you familiarize yourself with the word sovereignty.

Anonymous said...

there is guarantee of US citizenship just because a child is born on US soil. A child can not sponsor their parent(s) UNTIL they become of legal age. This applies to all ALIENS legal or not Why do some not seem to understand the Federal Immigration laws? and why would the have two sets of laws? one for legal aliens and oen set for illegals? give me a break:)

Anonymous said...

lonestar most americans do not know the Immigration laws of the usa...never mind people from all over the world. The laws on the books are there, should they be reformed?, that has been an on going debate in congress. At the moment they have not been reformed as i am sure you know. Ones upon on this topic is a very nice and i will support that, but they are opinions based on unclear facts!

RICESKI said...

Deborah Judges has left a new comment on the post "100-Thousand With Children Who Are U.S. Citizens D...":

As a corrections Officer I am greatly disturbed at this situation. No child should be incarcerated with adults, EVER.
Gary Where in the hell do you get these lunatics?
No one said put the children with the adults. They do however, do that in Mexico. Where do some people get their pc in the trash?