In the debate over immigration, we have recently seen various Republicans calling for a change (or is it repeal) of the 14th Amendment. The reason they give is that the birthright privileges it gives to the children of immigrants (legal or not) is wrong. They argue that the Amendment did not intend to give citizenship to the children of “illegal aliens,” but now that it has been shown to do so, it needs to be changed so this will no longer happen.
Linda Chavez, I believe, does a good job responding to this in the Wall Street Journal:
Proponents of repeal argue that the 14th Amendment was passed after the Civil War to guarantee citizenship to freed slaves, and that it was never intended to grant rights to the offspring of illegal aliens. But this argument is a non sequitur. At the time of the adoption of the amendment, there was no category of “illegal alien” because immigration was unrestricted and unregulated. If you secured passage to the United States, or simply walked across the open border with Mexico or Canada, you could stay permanently as a resident alien or apply to be naturalized after a certain number of years. And if you happened to give birth while still an alien, your child was automatically a citizen—a right dating back to English common law.
She is right, in the rest of her article, in suggesting that such changes would alienate many Hispanics and make sure they will not vote for Republican candidates. While GOP officials will say “this is not just about Hispanics,” it is also clear, behind all the rhetoric, it is indeed Hispanics at the Mexican border who are their chief concern. Yet, I would suggest such tampering of the 14th Amendment would also alienate many African Americans as well. After all, telling the American populace the Amendment which helped former slaves was really “not good,” is not going to win their hearts.
As to the issue of immigration, I think these words of Pope John Paul II should suffice:
From the Message of World Migration Day 1996
It is necessary to guard against the rise of new forms of racism or xenophobic behaviour, which attempt to make these brothers and sisters of ours scapegoats for what may be difficult local situations.
Due to the considerable proportions reached by the illegal migrant phenomenon, legislation in all the countries involved should be brought into harmony, also for a more equitable distribution of the burdens of a balanced solution. It is necessary to avoid recourse to the use of administrative regulations, meant to restrict the criterion of family membership which result in unjustifiably forcing into an illegal situation people whose right to live with their family cannot be denied by any law.
From the message of World Migration Day 2000.
At the same time, States with a relative abundance tend to tighten their borders under pressure from a public opinion disturbed by the inconveniences that accompany the phenomenon of immigration. Society finds itself having to deal with the “clandestine”, men and women in illegal situations, without any rights in a country that refuses to welcome them, victims of organized crime or of unscrupulous entrepreneurs.
On the threshold of the Great Jubilee of the Year 2000, as the Church acquires a renewed awareness of her mission at the service of the human family, this situation also raises some serious questions. The globalization process can be an opportunity, if cultural differences are accepted as an opportunity for meeting and dialogue, and if the unequal distribution of the world’s resources leads to a new awareness of the necessary solidarity which must unite the human family. If, on the contrary, inequalities increase, poorer populations are forced into the exile of desperation, while the wealthy countries find they are prisoners of an insatiable craving to concentrate the available resources in their own hands.
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