I’ve been seeing a lot of propaganda such as the following:
We see this situation every day. It's actually VERY common.
— Gary M (@gman5180) May 17, 2026
Should a person in this situation be deported? 🤔 pic.twitter.com/G5X57mTtgx
It’s a tug at the heartstrings. The poor child had no idea what was going on when her mother decided to wetback the border. She’s lived 18 years in the comfort and security of the United States, with all its riches and opportunities. In all justice, can we deport her for what her mother did?
The empathetic response is to say “No, we’ll find another way.” Which is what the propagandist wants you to say. But that has implications. Back the child’s age off a wee bit. What if she’s 14? Or 10? Or 6? Or still in the cradle? The inclination of the empathetic is still not to penalize the child for the sin of her parents. That naturalizes her parents right along with her. You wouldn’t want the poor tyke to be shorn of her parents, would you?
For that matter, what if Mom didn’t get knocked up until after she’d illegally entered the U.S.? Once again, her daughter is a helpless bystander in the matter. Birthright citizenship makes her a citizen from the instant she emerges from the womb. Add the humanitarian position that a child should not be unnecessarily parted from her parents, and that hauls her parents into legality right along with her.
The law is supposed to be definite as many human propositions are not. It’s supposed to have a hard line around it, such that any person of ordinary intelligence can always know on which side of that line he stands. That isn’t always the case, of course. Contemporary “law” is filled with ambiguities. They’re often put there by lawmakers deliberately, to expand the powers of the State. Immigration and naturalization law is only one such case.
The debates about illegal migration may bring about a change in how citizenship and legal residency are determined. But this aspect of the matter will continue to bedevil us. Children are especially vulnerable to the misdeeds of their parents. Americans are second to none in their inclinations to protect children. If we write new immigration and naturalization laws that do have hard lines around them, but preserve the tradition that one born within the territorial jurisdiction of the United States is a citizen from birth, then in cases such as the above, we’ll be compelled to separate children from their parents. Some of those children will become wards of the State.
I cannot find a compromise position that would deal “fairly” with all cases. But as a departed friend liked to say, “fair” is just a sound that humans make now and then. It has no fixed meaning. Ask any minor child prone to shrieking that “It’s not fair!” Don’t expect an answer you can rely on in all cases.
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