Federal Government Policy Issues
Discussion and information on selected policy issues concerning tax, foreign relations, energy and other significant policies. The intent is to provide data and analysis that will assist in determining the appropriateness of the policy. Any posts containing rants, personal attacks on officials or other posters or which do not concisely present a point of information will not be published.Thursday, December 14, 2006
Immigration
What are the issues and facts related to US immigration policy and what priorities concerning same should the federal government adopt?
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Immigration and Citzenship
The US is one of the few, perhaps the only, major country that confers citizenship based solely on the fact that an individual is born on US soil. There are a few exceptions to this. Most countries confer citizenship only to those born of a citizen of the country.
The US policy is based on the 14th Amendment to the US Constitution which was ratified on 12/6/1865 which reads in part "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." Children of diplomats born in the US are not held to be subject to the jurisdiction of the US and are therefore not granted citizenship when born in the US. Interestingly, children born outside of the US to a US parent are also conferred citizenship although a strict reading of the 14th amendment does not provide for this.
There have been few Supreme Court cases that have dealt with the issue and none that have dealt with citizenship and illegal aliens directly. See an overview of the few cases that have dealt with this issue.
It may be possible for Congress to legislate that children born in the US to parents who are not citizens would not be granted citizenship. However, in Plyler vs. Doe., the Supreme Court has ruled that illegal aliens are subject to the jurisdiction of the US which would seem to require that children of illegal aliens born in the US be conferred citizenship.
However, the Senators debating the ratification of the 14th amendment as evidenced by the records indicates that they clearly did not believe that foreigners and aliens were subject to the jurisdiction.
The US is one of the few, perhaps the only, major country that confers citizenship based solely on the fact that an individual is born on US soil. There are a few exceptions to this. Most countries confer citizenship only to those born of a citizen of the country.
The US policy is based on the 14th Amendment to the US Constitution which was ratified on 12/6/1865 which reads in part "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." Children of diplomats born in the US are not held to be subject to the jurisdiction of the US and are therefore not granted citizenship when born in the US. Interestingly, children born outside of the US to a US parent are also conferred citizenship although a strict reading of the 14th amendment does not provide for this.
There have been few Supreme Court cases that have dealt with the issue and none that have dealt with citizenship and illegal aliens directly. See an overview of the few cases that have dealt with this issue.
It may be possible for Congress to legislate that children born in the US to parents who are not citizens would not be granted citizenship. However, in Plyler vs. Doe., the Supreme Court has ruled that illegal aliens are subject to the jurisdiction of the US which would seem to require that children of illegal aliens born in the US be conferred citizenship.
However, the Senators debating the ratification of the 14th amendment as evidenced by the records indicates that they clearly did not believe that foreigners and aliens were subject to the jurisdiction.
Who Will Do the Work
People supporting more rather than less unskilled immigration point out that the US needs these low skilled, low cost workers else many businesses will fail for lack of employees.
In the case of agriculture, it might be best for the US if these businesses do fail. In many cases, the agricultural product could be imported at a lower cost and the production in a foreign country would provide jobs to the citizens of that country which would reduce the need to enter the US to find work.
Many businesses claim that American’s don’t want the jobs that they offer and that they would go out of business without the low skilled, low paid immigrants. This seems to be a relatively recent argument and there was no problem finding people to do this type of work when I was younger. The people who used to do this work are still in the US and are referred to as “teenagers”.
Many teenagers need the extra money and the work would provide good experience for them not to mention some much needed exercise.
People supporting more rather than less unskilled immigration point out that the US needs these low skilled, low cost workers else many businesses will fail for lack of employees.
In the case of agriculture, it might be best for the US if these businesses do fail. In many cases, the agricultural product could be imported at a lower cost and the production in a foreign country would provide jobs to the citizens of that country which would reduce the need to enter the US to find work.
Many businesses claim that American’s don’t want the jobs that they offer and that they would go out of business without the low skilled, low paid immigrants. This seems to be a relatively recent argument and there was no problem finding people to do this type of work when I was younger. The people who used to do this work are still in the US and are referred to as “teenagers”.
Many teenagers need the extra money and the work would provide good experience for them not to mention some much needed exercise.
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