Monday, May 18, 2026

Hard Lines

     I’ve been seeing a lot of propaganda such as the following:

     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.

1 comment:

  1. It doesn't tug at *my* heartstrings. Not even a little bit. And it is pure propaganda by which Americans have been deluded for several generations to believe it.

    The concept of birthright citizenship does not appear anywhere in our founding documents nor does it appear in our laws that Congress is authorized to enact regarding naturalization and therefore, by implication, immigration.

    One of the very first acts of the very first Congress under our Constitution was to establish who would be eligible for citizenship in this new country. They stated it plainly for anyone to acquaint themselves with it: Free white persons of good character who resided within the limits and under the jurisdiction of the United States for at least two years and who swore allegiance to the Constitution. The first qualification has been relaxed considerably over the years, But the intent of our Founders is certainly clear enough.

    Our laws regarding immigration and naturalization are numerous and extensive. No Supreme Court case has ever affirmed the notion that a baby born on American soil to illegal immigrants is automatically a citizen.

    Even the most conservative estimates conclude that there are at least 30 million illegals in this country presently. And that doesn't include children that were born to them while they were here illegally. The relaxation of the enforcement of our immigration laws has changed the fabric of our culture, not to mention the integrity of our elections, and not for the better in my humble opinion.

    All illegals should be incentivized to self deport. Part of that incentive should be extremely severe penalties for remaining within our borders illegally. Logic would strongly imply that a baby born to a mother who was here illegally is itself illegal.

    They ALL have to go.

    ReplyDelete

Comments are moderated. I am entirely arbitrary about what I allow to appear here. Toss me a bomb and I might just toss it back with interest. You have been warned.