Monday, September 13, 2010

Changing the 14th Amendment

I recently read an article in the paper that relates the plans of a Utah representative, Paul Ray, to ask congress to change the fourteenth amendment to not allow the children of illegal immigrants to be automatic citizens of the United States. Like your average American, I have been long concerned about the issue of illegal immigration. I have considered some proposed solutions to the issue, such as increased border security and more severe punishment to illegal immigrants, but this proposal is one of the best I have heard of so far.

I have learned that one of the biggest reasons for Mexicans to come here illegally is so that when they have kids, those kids are automatically U.S. citizens and are entitled to U.S. welfare. 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.” The ability to have a child here and automatically get free money is an enticing loophole for someone to take advantage of. Quoted in the newspaper article mentioned earlier, Representative Ray says that in 2010, $57.3 million have been spent on Medicaid, childcare, and food stamps for the children of illegal immigrants.

Ray’s plan is to change the Fourteenth Amendment so that only children born to at least one legal citizen can be citizens themselves, which would mean deportation of those who don't meet this standard. Of course, there are already children born to illegal immigrants that have lived here all their life. It might destroy them to have to move to a country that is native to their parents, but that they may never have seen in their lives. To account for this, I would suggest that we only deport children of illegal immigrants that are born after a grace period after the 14th Amendment is changed-- ensuring that the responsibility can be placed solely upon on the parents who knew what the consequences of their actions would be. That way, it would be more of a prevention than a punishment.

As any good parent knows, prevention is always better than punishment. Anyone would rather stop his wayfaring teenager from doing something illegal than watch him be sent to jail for it. The same principle applies in gardening, a recently picked-up hobby of mine. In a garden, when I pull a weed, I pull it from the roots. I might need to moisten the ground a little, maybe use a spade, but if I can’t get the roots, the weed will just sprout right back up again. Facing the weed of illegal immigration, if we can’t hit the problem at its roots—the desire that immigrants have to come here illegally—we can’t ensure that it won’t just sprout right back up again.

Of course, there are other reasons for people to illegally come to the U.S., but we can only take it one root at a time. Perhaps it could be better compared to pulling out a tree stump, having to chop root after root to finally heave it out with a truck and a chain. Getting congress to change an amendment will not be easy, and pulling the stump of illegal immigration problem is a huge, daunting task, but I believe it will be worth it.

12 comments:

  1. David, excellent analogy. You argument is well-organized. I have seen first-hand the believers in the "anchor baby" philosophy. They are well-intentioned, but it still strains the system. Great work!

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  2. I can tell you know the subject well and really care about, good visuals bring the topic to life, I like it.

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  3. I think this could be a good alternative. However, I do think that the legalization process should be less time consuming, more efficient, and less costly.

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  4. Amen to all that has been said before me.

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  5. I agree with C.J.. My abuelita tried a few years ago to get a visa just to visit the U.S and that took her about a year. They kept sending her back to get more papers and such. It wasn't till my mom came to help and they found out my mom was Mormon did they give her a visa. :)
    But I like what you said about striking the "problem at its 'roots.'" Any quickie solution may be easier, but it is just going to solve the problem for a little awhile. Long term will take less effort and money in the long run.

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  6. Beautiful! I could probably argue this topic for hours, but that would make for a very useless comment...I did catch a typo in your "Ray’s plan is to change the Fourteenth Amendment..." paragraph though. I believe there should be the word "only" right before "children" for it to make sense.

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  7. I totally agree with everything you say. If we don't start attempting to fix our border problem, it's only going to get worse. It takes people who want to come to the greatest nation on earth legally years to make everything official, and others shouldn't be able to get through the easy way. I love the garden analogy.

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  8. I agree with the other comments--great analogy, and well-written.

    What's missing here is an awareness of the counterargument...if you added a few sentences or a paragraph that deal with concerns over why people think the 14th amendment should be kept, the valid, good reasons (for example, referencing the roots of the amendment is abolishing slavery in the US), and then deal with these concerns, even for a sentence or two, you'll be good to go. Show that there are positives to the counterargument, and then how you'd deal with them.

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  9. Wow, thanks guys. I learned a lot from your comments. I totally agree that legal immigration should be much easier of a process, though. I mean, we're the most wealthy nation in the world, and we are basically playing "king of the hill," pushing so many people away that want to join us on the top.

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  10. And thanks for the advice about the counterargument Prof. Cowley. I'll definitely use that.

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  11. Hey David, how would we tell who was here before the grace period and who came after? Has there been a system proposed?

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  12. Maybe we could check their birth certificates. And no, I just made that idea up.

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