Published on Wed, May 11, 2011
Since 1857, when a man named Dred Scott fought for his constitutional right to remain free after standing on free soil, the question of the Fourteenth Amendment and its citizenship provision has been brought to the table many times by others who also question when exactly they are free and citizens of the United States.
Even in the 21st century, this is not a decided issue.
Current public debate and even some pieces of proposed legislation in various states and in Congress are questioning whether the U.S. Constitution should be altered to deprive U.S. citizenship of those who are born on U.S. soil to undocumented parents. The Fourteenth Amendment, adopted in the wake of the Civil War, grants U.S. citizenship to anyone born in the United States and forbids states from depriving U.S. citizens of “privileges and immunities.”
The Federation for Immigration Reform (FAIR) is a non-profit citizens’ organization centralized in Washington, D.C., whose mission statement declares it dedicated to the cause of reforming immigration politics to serve a national interest. They said the only way to fix this issue is to start over.
“What we have said for a long, long time is that our current immigration policy doesn’t make any sense,” said Ira Mehlman, media director for FAIR. “It’s not serving the interest of the country. We keep trying to apply all kinds of different types of patches and add-ons. What we need to do is shut down the policy that exists and design one from scratch that actually serves the interest of the country.”
This includes changing the Fourteenth Amendment, or at least its current interpretation, especially with respect to the Citizenship Clause that overruled the Dred Scott decision. It declares, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”Read more...
Published in the BYU Daily News