Another Example of why the U.S. Needs to Redefine Citizenship

14 09 2007

Cross posted from   The Virtuous Republic

The following story exemplifies why the U.S. needs to redefine citizenship. Citizenship should not simply be granted to anyone who is simply born on American soil.

Right now, due to the interpretation of the 14th amendment, based on this clause, 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”, means that children of illegal aliens born in the U.S. are automatically American citizens.

It is doubtful, that this post-civil war civil rights amendment, meant to aid the newly freed slaves was meant to give citizenship to every person born on American soil. Whether excluding children of illegal aliens or even foreign tourists can be accomplished by simple legislation or if it would require a constitution amendment is of course a question left to constitutional scholars.

The only thing certain is that it is simply insane to grant citizenship to children born to parents who are in the U.S. illegally.

An illegal immigrant allowed to stay in the U.S., apparently because of a routine delay in paperwork, while her four children face deportation could now be forced to go back to Mexico, a government lawyer told an immigration court Wednesday.


The case against 32-year-old Rocio Godinez’s children was postponed at a status hearing so immigration officials can decided whether to include her in the proceedings.


Immigration and Customs Enforcement will decide whether to order Godinez to immigration court, said agency lawyer Carmen Leal. The proceedings against her children, ages 10 to 18, have been going on for the past two years.


“They’re going after Rocio now,” said family attorney Jonathan Ryan. He said he believes the government decided to move on Godinez after media reports on the case.


“We knew this was a chance we were taking with going public,” Ryan said.


ICE said it would have no comment Wednesday.


The family’s next hearing will take place in early December, when they will again make the more than three-hour trip from their home in San Angelo to San Antonio.


Godinez and her four children came to the U.S. in the late 1990s on tourist visas, which later expired.


In 2001, Godinez’s father, a legal U.S. resident, filed a petition for them to stay in the country. But the paperwork is years away from being processed because excessive demand for a limited number of visas has created a federal backlog.


In May 2005, Godinez was pulled over for speeding and was referred to Border Patrol. Deportation proceedings for her children began after that.


Godinez, who also has a 7-year-old American-born child, said the situation puts her in a difficult situation because her family may be torn between two countries. Read more here.

**This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email stiknstein-at-

gmail-dot-com and let us know at what level you would like to participate.




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