[size=28pt]Citizenship Rights: American Agitations Threaten a Nigerian Practice
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Nigerian families most often take advantage of the citizenship rights guaranteed under the 14th Amendment of the United States’ Constitution to travel to the US to give birth. But that practice now faces a new threat, courtesy of agitations by members of the Republican Party in the Congress. Davidson Iriekpen writes

It is the desire of many Nigerian families to have their babies delivered in the United States of America (USA). The trend, which has become a status symbol, is mostly common with government officials, celebrities and other professionals. While some of these families hope to give such children a better future in the God’s own country, many others go to the US simply because they do not have confidence in Nigeria’s healthcare facilities. Whichever way it is viewed, that practice now faces a new threat, courtesy of agitations by members of the Republican Party in the US Congress.

Since 1868, the US has been one of few countries in the world that grant citizenship rights to anyone born in the country. The right is guaranteed under the 14th Amendment of its constitution. According to the amendment which was ratified in 1868 to give former slaves U.S. citizenship, "all persons born or naturalised in the United States and subject to the jurisdiction thereof, are citizens of the United States." The amendment was believed to have been initiated by former Republican President, Abe Lincoln in order to assimilate slaves into society after the civil war and guarantee their emancipation.

The law, which is regarded as the cornerstone of American society since after the civil war, grants children born in the United States automatic citizenship, even in the extreme possibility of their parents being there illegally. Also cited as the foundation of the US civil rights law in cases such as Brown v. Board of Education, the law is rooted in a case in 1898. In that case, the Supreme Court ruled that a baby born in San Francisco to Chinese immigrant parents was legally a U.S. citizen, even though federal law at the time denied citizenship to people from China. The court said birth in the United States constituted "a sufficient and complete right to citizenship."

But some conservatives are taking aim at that birthright law, complaining that the so-called “anchor baby” phenomenon is a magnet for illegal immigration. Last week, prominent members of the party who are in the forefront of the campaign initiated calls for the repeal of the14th Amendment to the constitution. The members wondered why the US would continue to grant automatic citizenship to children born by illegal immigrants when the situation had long been revised in many European countries. They accused migrants – particularly those coming from Mexico, Africa and Latin American countries – of giving birth to children in the United States hoping that their babies' citizenship will keep them in the country.

Leading the campaign is Republican Minority Leader in the House of Representatives, John Boehner, who last week told newsmen that changing the Constitution's guarantee of US citizenship for anyone born in the United States was worth considering if it would help reduce illegal immigration. According to him, "It's a serious problem that affects our country, and in certain parts of our country clearly our schools, our hospitals are being overrun by illegal immigrants. A lot of them came here just so their children could become US citizens.

The Ohio congressman, who could become speaker of the House if Republicans win back control of the chamber in November, is the latest GOP leader to float the idea of changing the 14th Amendment. Several leading GOP senators, including Minority Leader Mitch McConnell and 2008 presidential nominee John McCain, have said they would support holding hearings into the matter as part of the heated debate over immigration.

Also, a South Carolina Senator, Lindsey Graham said he was considering introducing a constitutional amendment that would change the existing law, so that children born to illegal immigrants in the U.S. do not automatically become citizens. According to him, America faces a new and growing foreign threat of illegal immigrants and tourists who come to the country for the express purpose of giving birth so their children could obtain citizenship.

As soon as Graham made his observation known, Senator John McCain (R-Arizona.) and other top Republicans quickly jumped on the issue and called for public hearings. The senators said their concerns arose from recent reports of a burgeoning "birth tourism" industry, which helps expectant mothers travel to the United States to deliver their babies. They also said that birthright citizenship, which is granted by the 14th Amendment of the Constitution, could provide an incentive for people to enter the country illegally.

Senator John Cornyn, a Texas Republican who sits on the Senate Judiciary Committee, said he supports a legislative review of birthright citizenship. “We need to consult constitutional scholars and study what the implications are. We need to tread carefully in this area, because we would be changing, frankly, settled law.”
On his part, Tom Tancredo, Republican representing Colorado in the House of Representatives, said citizens of other countries are not subject to U.S. jurisdiction. He also argued that drafters of the 14th Amendment did not intend it to apply to children of illegal immigrants.

Also speaking, Rep. Lamar Smith of San Antonio, a Republican whose district includes part of the Austin area, said Graham “is going in the right direction” on the 14th Amendment. But Smith, the ranking GOP member of the House Judiciary Committee, said birthright citizenship could be reversed through congressional action rather than a more complicated constitutional amendment. He argued that the granting of automatic citizenship arises from a misinterpretation of the 14th Amendment. “Citizenship is the highest honour a country can give. It is not something that should be handed out on first-come, first-serve basis; but rather reserved for those who respect our laws and value our freedoms”, he said.

As the debate over birthright citizenship rages across the US, some statistics likely to give vent to the birthright debate have emerged in relation to Texas: 60,000 to 65,000 babies automatically gain US citizenship each year when they're born to the estimated 1.5 million illegal immigrants who live in the Lone Star State.
That figure, according to sources, comes from the Texas Health and Human Services Commission. The yearly birth number is equivalent to the population of Austin suburb Cedar Park—about 62,000, according to a 2009 estimate. Last year, it was believed that births to illegal immigrants represented nearly 16 per cent of the total births state-wide. Between 2001 and 2009, births to illegal immigrant women totalled 542,152 in Texas, about the same number of people who live in the city of Atlanta.

Because of widespread opposition in the House and even more in the Senate, the measure is unlikely to succeed; and it would face a constitutional challenge in court if it did. More importantly is the fact that changing it would require a two-thirds vote of both houses of Congress and the approval of three-quarters of state legislatures.
Though majority of those clamouring for a review of the law know that it would be difficult to repeal, they hope to add a provision to the immigration bill that the House of Representatives are contemplating to debate any moment from now. They hope the provision would deny citizenship to those children.

The sudden support cheered anti-immigration hard-liners who have been pushing to do away with birthright citizenship for years, but the senators face a problem: few others want to take up the issue, and it is almost assuredly going nowhere. Even some of the most vocal critics of the country's permissive immigration laws are sceptical of the efforts, which they say are particularly emotionally charged because they affect children and families.

For instance, on the Democratic side, Rep. Lloyd Doggett of Austin said in 2005 when asked about a constitutional repeal of birthright citizenship that he doesn't like the idea of tampering with the Constitution. A fellow Democrat, U.S. Senator Tom Harkin of Iowa said the 14th Amendment should be left alone. The amendment, he said, allows for citizenship that is not based on political considerations, adding that once political consideration is introduced to it, it would degrade citizenship. “The amendment allows for citizenship that’s not based on political considerations. Once you introduce political considerations, it degrades citizenship. If you’re born here, you’re a citizen; period; no tests, no profiling, nothing else.”

Another Democrat, Senator Sherrod Brown of Ohio, said the anti-birthright movement was “outrageous.” According to him, “to target children on this makes no sense. It’s the Constitution. It’s what we’ve done our entire lives,” Brown said. “It’s all about politics and Republicans trying to gin up their base. It’s one of those distractions that just puzzle me.”
Last week, Jon Feere, legal policy analyst for the Centre for Immigration Studies, argued that the battle over so-called 'anchor babies' isn't worth it. According to him, the energy spent on ending birthright citizenship could be spent reducing illegal immigration through a commitment geared towards enforcing immigration law. He stated that if illegal immigration is ended, the problem of birthright citizenship for children of illegal aliens would disappear.

"The energy spent on ending birthright citizenship might be better spent reducing illegal immigration through a commitment to immigration law enforcement generally. If illegal immigration is ended, the problem of birthright citizenship for children of illegal aliens disappears," Feere said.
In Nigeria, going to the US by all means to give birth is spreading so fast that it is close to becoming an obsession. However, this passion comes with a caveat: it’s not by any means cheap; it is mostly for the well-heeled, but it comes with the satisfaction that the future of the babies are secured. What exactly feeds this frenzy that has more or less become a status symbol? More often that not, the intent is to make babies born in such circumstances ‘citizens’ of ‘God’s own country’ –  largely seen as a passport to better life.

It is estimated that 20 million people of Nigerian descent reside outside Nigeria, with the majority living in the United Kingdom and the United States. Since the late 1960s and early 1970s, about one million Nigerians are believed to have immigrated to the United States. When compared with other African countries, Nigerians are the single largest contemporary African immigrant group in the States.

Though many modern Nigerian immigrants go to the United States to pursue educational opportunities in undergraduate and post-graduate institutions, quite a large number goes there under the pretext of visiting but end up giving birth. The most noticeable exodus occurs among professional and middle-class Nigerians who, along with their children, take advantage of education and employment opportunities in the US. Another great impetus to the migration, perhaps, is the adverse economic situation in Nigeria, which has forced some immigrants to stay in the US to begin to raise their children.


But with the latest agitations by some US lawmakers, the rush to have babies in the US may be halted one way or the other. If the 14th Amendment is abrogated or modified, then Nigerian ‘tourist mothers’ may permanently lose the opportunity to have American babies. But even if the Amendment survives the agitations, going to have babies in the US may no longer be business as usual for Nigerians.


http://www.thisdayonline.com/nview.php?id=180829

Not sure how this works, but does that also apply to people already living as citizens born to Visa/Green card holding parents?

I actually think I may agree with this push to repeal that amendment, but I'll have to do some more thinking about it, to be sure.

ChinenyeN:

I actually think I may agree with this push to repeal that amendment, but I'll have to do some more thinking about it, to be sure.

Why do you agree? No offense, but of what value is it going to have to you?

Like I said, I think I may agree, but I'll have to think more about it. . .

Anchor babies!!! hahahahahahahahhahahahahah!!

It's not Nigerians alone, the rest of the world does the same. Republicans like bluffing. No law will pass against anchor babies. Lots of Americans are anchor babies!!

I think the Nigerian journalist is focusing mainly on Nigerians. . . .

9jaganja:

Anchor babies!!! hahahahahahahahhahahahahah!!

It's not Nigerians alone, the rest of the world does the same. Republicans like bluffing. No law will pass against anchor babies. Lots of Americans are anchor babies!!

That's what I wondering. Do they set up a date. . . .i.e children born from 1990 are not more citizens, etc.

Ileke-IdI:

I think the Nigerian journalist is focusing mainly on Nigerians. . . .

That's what I wondering. Do they set up a date. . . .i.e children born from 1990 are not more citizens, etc.

no, they will set a date after the bill has been passed that would not allow children of parents that are not resident of the us to be able to become citizen. If you were born before the bill is passed, I believe it won't apply to you.

Ileke-IdI:

Not sure how this works, but does that also apply to people already living as citizens born to Visa/Green card holding parents?

no, if your parents have a green card, then they are resident of the US. This apply to people that don't have a green card or come to the US with a travel visa and overstay their visit and refuse to go back. If those people have children, their children would still not be a citizen of the US.

Oba234:


no, they will set a date after the bill has been passed that would not allow children of parents that are not resident of the us to be able to become citizen. If you were born before the bill is passed, I believe it won't apply to you.

Oba234:

no, if your parents have a green card, then they are resident of the US. This apply more to people that don't have green card or come to the US with a travel visa just to have kids so they can become citizens.

Alright, you've been helpful, thanks

Ileke-IdI:

I think the Nigerian journalist is focusing mainly on Nigerians. . . .

That's what I wondering. Do they set up a date. . . .i.e children born from 1990 are not more citizens, etc.

They can't do anything. They can't set a date either. The only thing they can do is declare that from the moment the law is passed or when it's enforced. American constitution doesn't allow any American by birth be denied his or her citizenship no matter the circumstances. Repubs are just making noise to make it seem that they are listening to their voters (teabaggers). They will stair the soup while it's hot and leave to cool later. Believe me if they get elected as majority by November, they will never bring up immigration as an issue. Even George Bush while he was there proposed bills unrepublican for immigration. They like bluffing alot!!! As soon as republicans have a majority in the house, Rush Limbaugh and Glenn Beck will shut up! As long as Americans can't pick berries, and want them at affordable prices, the government will continue to use immigration only as election winning tool.

The only republican I respect is Ron Paul. That guy made me register a republican, I was hoping he will win the primaries. He didn't so I voted something close to Ron Paul. I'm not conservative though; Just that when someone confronts all that his party stands for and all that are unconstitutional in America, you can't help but think revolution has arrived. He was going to abolish the IRS. That would have saved me tons and I was willing to vote to save. Some nut jobs accused him of racism but he has been at the top calling the prison system racist. He has been the one proposing to give non violent drug offenders not more than 1 year in jail and community services. That would have helped a lot of Black folks chained and exploited by cock cheney's bizness

9jaganja:

They can't do anything. They can't set a date either. The only thing they can do is declare that from the moment the law is passed or when it's enforced. American constitution doesn't allow any American by birth be denied his or her citizenship no matter the circumstances. Repubs are just making noise to make it seem that they are listening to their voters (teabaggers). They will stair the soup while it's hot and leave to cool later. Believe me if they get elected as majority by November, they will never bring up immigration as an issue. Even George Bush while he was there proposed bills unrepublican for immigration. They like bluffing alot!!! As soon as republicans have a majority in the house, Rush Limbaugh and Glenn Beck will shut up! As long as Americans can't pick berries, and want them at affordable prices, the government will continue to use immigration only as election winning tool.

The only republican I respect is Ron Paul. That guy made me register a republican, I was hoping he will win the primaries. He didn't so I voted something close to Ron Paul. I'm not conservative though; Just that when someone confronts all that his party stands for and all that are unconstitutional in America, you can't help but think revolution has arrived. He was going to abolish the IRS. That would have saved me tons and I was willing to vote to save.

The Constitution can be amended. Was it not the constitution that claim voting rights for white males only?


ROTFLMAO! Everyone hates the IRS.

Ileke-IdI:

The Constitution can be amended. Was it not the constitution that claim voting rights for white males only?


ROTFLMAO! Everyone hates the IRS.

Constitution amendment can't happen like that you know? All members of the union has to agree else it can't be amended. You must understand it was and still is a Caucasian issue. Even their women weren't allowed to vote at first until the constitution was amended. The constitution can't be amended to deny people of their citizenship. It will violate human right which is a fundamental constitution on which other amendments are built. It was this fundamental that allowed everyone to be able to vote, this fundamental right amends American constitution and it doesn't go by majority vote or want. It is there to make sure everyone who is American is not denied their fundamental human right. This right opens the boarder to non whites and eradicated the first class citizen bigotry. Every amendment has been to enhance this fundamental right and extend it to where it hasn't be. They can't do nothing but bring in a dictator and that will be the fall of the nation. If any law violates human right (even rights of non Americans) on American soil, it will be abolished.


I despise IRS. Their letter can't be burnt and their calls can't be ignored.

That is what my parents did for me and all my siblings! 

They better not tamper with my citizenship!

EzeUche22:

That is what my parents did for me and all my siblings!  

They better not tamper with my citizenship! 

So you are an Anchor baby?   hahahahahahahhahahah


Don't worry they can't!!!

9jaganja:

So you are an Anchor baby?   hahahahahahahhahahah


Don't worry they can't!!!

They were on vacation! Me an anchor baby. . . Naw I was just a pleasant surprise. lol

9jaganja:

Constitution amendment can't happen like that you know? All members of the union has to agree else it can't be amended. You must understand it was and still is a Caucasian issue. Even their women weren't allowed to vote at first until the constitution was amended. The constitution can't be amended to deny people of their citizenship. It will violate human right which is a fundamental constitution on which other amendments are built. It was this fundamental that allowed everyone to be able to vote, this fundamental right amends American constitution and it doesn't go by majority vote or want. It is there to make sure everyone who is American is not denied their fundamental human right. This right opens the boarder to non whites and eradicated the first class citizen bigotry. Every amendment has been to enhance this fundamental right and extend it to where it hasn't be. They can't do nothing but bring in a dictator and that will be the fall of the nation. If any law violates human right (even rights of non Americans) on American soil, it will be abolished.


I despise IRS. Their letter can't be burnt and their calls can't be ignored.

Of course. Never said that the Constitution could be amended in a wink. Point is, it CAN be amended. The fundamental rights? If the parent is illegal or has a visitation visa, but gives birth here JUST so the child can be a citizen, I dont think the child should be given any fundamental rights. This is what a lot of people have problem. I think UK has a law like that, 28weeks to birth women will not be granted visa [dont quote me, I'm not sure]?

Infact, I think I'm leaning towards the implementation of this law.

EzeUche22:

That is what my parents did for me and all my siblings! 

They better not tamper with my citizenship!

That's what most Nigerian in my family did lmao My younger siblings were citizens before I

Okay we have a new derogatory name in American book of insults. Vacation baby!!

Yeah pleasant surprise indeed.!!!! Now you can enjoy your life on both sides of the ball!!

will never pass. It wont even get before congress, its the usual republican tantrum every election yr. Throw up some immigration red meat for their rightwing shills.

Ileke-IdI:

Of course. Never said that the Constitution could be amended in a wink. Point is, it CAN be amended. The fundamental rights? If the parent is illegal or has a visitation visa, but gives birth here JUST so the child can be a citizen, I dont think the child should be given any fundamental rights. This is what a lot of people have problem. I think UK has a law like that, 28weeks to birth women will not be granted visa [dont quote me, I'm not sure]?

Infact, I think I'm leaning towards the implementation of this law.

Don't scare ezeuche!!!

They can't by constitution, everyone born here is American whether illegal or not!! The parents can be deported but the child's status will remain. They can't amend the constitution for something that will violate human right. Why do you think they don't arrest gays who get married in states gay marriage isn't recognized? All they can do is not register it. They can't do more than that.

The only thing they can do is pass a law that won't allow kids whose parents aren't American residents and don't live in America legally be American. But questions will arise on who is resident. Tourists are here legally and can have their babies here. This law will be a controversial one that can't be passed. You can't say pregnant women can't come to America, it will infringe on freedom and it will be a discrimination against mothers. This proposal is a republican tool

9jaganja:

Don't scare ezeuche!!!

Are you trying to take my fave passtime from me?

9jaganja:

They can't by constitution, everyone born here is American whether illegal or not!! The parents can be deported but the child's status will remain. They can't amend the constitution for something that will violate human right. Why do you think they don't arrest gays who get married in states gay marriage isn't recognized? All they can do is not register it. They can't do more than that.

The only thing they can do is pass a law that won't allow kids whose parents aren't American residents and don't live in America legally be American. But questions will arise on who is resident. Tourists are here legally and can have their babies here. This law will be a controversial one that can't be passed. You can't say pregnant women can't come to America, it will infringe on freedom and it will be a discrimination against mothers. This proposal is a republican tool

I'm trying to argue with you, but as of right now, my brain has been melted by what your just posted.

I will be back

Ileke-IdI:

Are you trying to take my fave passtime from me?

I'm trying to argue with you, but as of right now, my brain has been melted by what your just posted.

I will be back

Hahahaha Ezeuche is everyone's favourite dude here. Easy leaning!!!

I'll be waiting on you while I continue playing airplanes (Hip Hop is coming back)

1 in 12 babies?

http://www.bbc.co.uk/news/world-africa-14252611

First, the constitution cannot be changed by congress. It takes 2/3 majority of the states to ratify a constitutional amendment before congress can sign it into law.

There are several and more important proposals waiting to be sent to the states conference for vote, primary among them - gun rights; interstate commerce; free speech.

The issue of citizenship centers on freedom and liberty and they will never get a ratification back from a state conference, unless they can prove that this birth situation is a threat and impedes on the rights of other citizens; which is not the case.

So Repubs need to focus on gun rights and leave mama pikin alone with her blessing.

EzeUche22:

That is what my parents did for me and all my siblings!   

They better not tamper with my citizenship!  

Ezeuche, try to be consistent, ok? Thanx


https://www.nairaland.com/nigeria/topic-616390.0.html

https://www.nairaland.com/nigeria/topic-616372.0.html

Bk, u sef! Lol.

I'm not even going to look in the links I already know.

Negro_Ntns:

First, the constitution cannot be changed by congress. It takes 2/3 majority of the states to ratify a constitutional amendment before congress can sign it into law.

There are several and more important proposals waiting to be sent to the states conference for vote, primary among them - gun rights; interstate commerce; free speech.

The issue of citizenship centers on freedom and liberty and they will never get a ratification back from a state conference, unless they can prove that this birth situation is a threat and impedes on the rights of other citizens; which is not the case.

So Repubs need to focus on gun rights and leave mama pikin alone with her blessing.

And with this, i declare the thread closed.

Its gonna happen soon anyways. UK scrapped it when people where just taking advantage of it lol.

^^^^It will NEVER happen in the good ol U.S of A

Negro_Ntns:

Bk, u sef! Lol.

I'm not even going to look in the links I already know.

Lmao. Dude just stay lying