Opinion

Citizens by ‘birthright’

Adopted in 1868, the 14th Amendment defined citizenship — making it clear that former slaves and their descendents were American citizens. But part of that amendment, that everyone “born in” the US becomes a citizen, has become controversial during the immigration debate, with Sen. John McCain (R-Ariz.) and others calling for hearings on whether to repeal or revise the language.

A Pew survey out this week notes that illegal immigrants who have children here (who then become insta-citizens) represent a not-insignificant portion of new births. Of the 4.3 million babies born in 2008, 340,000 were to illegal immigrants. The breakdown:

US-born parents: 76%

Legal immigrant parents; 16%

Illegal immigrant parents: 8%

Moreover, that birth rate is in disproportion to illegal immigration in general. Illegal immigrants represent only 4% of the adult population — suggesting they have a higher fertility rate or simply a desire to have children here in the US for citizenship purposes.

Of the 5.1 million under-18 children of illegal immigrations, four-in-five, or 79%, were US citizens — that is, born here, not brought into the country by their parents.

Still, opinion on the 14th Amendment is divided, according to a CNN/Opinion Research poll out Wednesday:

Oppose changing amendment: 51%

Support a change; 49%

The “birthright” issue is unlikely to go anywhere with such polarized opinions. Some legal scholars argue “born in” should not apply when the parents are here illegally, but the Supreme Court has not agreed. To change the Constitution, meanwhile, would require two-thirds of both houses and three-quarters of state legislatures. And some, like former Gov. Mike Huckabee, think its too radical a move.

“Let me tell you what I would favor. I would favor having controlled borders,” Huckabee said Thursday. “But that’s where the federal government has miserably and hopelessly failed us.”