ThoughtCrimes
Old Navy Vet
- Jun 25, 2012
- 4,331
- 994
IF the child is actually a U.S. citizen.....then he has the right to stay.....but his mother does NOT.....she should be deported but should/would she just leave her baby behind...?Since there is no such thing as an anchor baby, only citizenship, the citizen has the right to stay in America. The government has no right to deport such a citizen because the parents are illegal.
To respond to your initial question of the OP, the seemingly obvious response is the non-citizen parent(s) have no "anchor right" whatsoever. To respond to your second question of deportation of the non-citizen parent(s), one would need to possess the wisdom of Solomon.
Figuratively, taking a sword to an innocent child to return half to its parents homeland and inter the other in the US to satisfy the irrational is out of the question. The child in question has birthright citizenship, so it boils down to one of three options that I see as logical, but their may be others that are better. I really don't know! This is a tough one for the son of a legal immigrant who gave up her Australian citizenship in 1952 to become a naturalized citizen.
1. The citizen child remains in the US and the non-citizen parent(s) are deported when their case is adjudicated.
2. The citizen child remains with the parent(s) in the US being granted temporary legal alien status to also remain with the child with a path to citizenship for the parent(s).
3. The citizen child remain with the parent(s) in the US until the child reaches majority when the child can lawfully make his/her decision to stay in the US when the parents are deported or the child renounce their US citizenship and return to their parent(s) native country OR if the parent(s) obtain permanent resident alien status or US citizenship has been obtained, all can remain in the US.
deporting a child with his illegal parents should not be considered a bad thing.....the parents can then attempt to enter legally or the child can be raised with his parents and come to the U.S. when he is old enough....
letting them all stay is just short-circuiting the law...
Deporting a minor child with birthright citizenship with his parents is denying the child his Constitutional rights to due process provisions under Amendment V and possibly Amendment XIV under various circumstances. So that is not a legal option for infants or young children. I considered your solution and rejected it as unlawful under that rascally Constitution.