Donald Trump failed to correct a questioner who said
President Obama is a Muslim and not an American. Ben Carson opposes a Muslim being president.
At least five conservative Republican candidates oppose
allowing children born in the United States of foreign parents to be
citizens. These are “birthright” babies
or, more critically, “anchor babies,” suggesting they are born here mainly to
give their parents a way of following them into citizenship.
These views raise both matters of fact and reveal a failure
to accept the plain language of the Constitution.
Obama is an American and is not a Muslim. After the offensive comment, Trump said he
would not defend the president, failing to show he was a leader and not merely
a candidate exploiting a falsehood.
As for religion, being a Muslim or any other religion or
none at all cannot be a block to public office.
Article 6 of the Constitution says, “no religious test shall ever be
required” to hold office.
To deal with citizenship as some GOP candidates would like, means
abandoning the Constitution, as supported in an 1898 decision of the Supreme
Court.
From the outset, all born in the U.S. were considered
citizens, except for African Americans and Indians. In the infamous 1856 Dred Scott decision, the
Court said that African Americans, even those who were free, could not be citizens.
Following the Civil War, the 14th Amendment to the
Constitution was adopted, saying: “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.” That seems clear.
Today’s opponents of allowing the children of illegal
immigrants to be citizens say the “born” part of the Amendment was only meant
to apply to African Americans and not to Hispanics or others. They claim it is being stretched beyond the
intention of the people who drafted the Amendment.
The facts don’t support that view. In the congressional debates on citizenship
right after the Civil War, some senators raised the question of whether the new
rules would authorize including the “children of Chinese and Gypsies born in
this country.” The answer was
citizenship would include them and that was the intent.
In the late 19th Century, while European
immigrants poured into the country, Congress blocked any additional Chinese immigrants.
In its 1898 decision, the Supreme Court
said Chinese children born in the U.S. were subject to American jurisdiction
and thus citizens, even if their parents were not.
One of the two Court dissenters admitted his bias. Chinese were “a race utterly foreign to us
and never will assimilate with us,” he said.
His opposition was less legal than cultural, and that may be today’s
message as well. Diversity is changing
the country, and some people are bound not to like the change.
At least some Republicans oppose a path to permanent
residence for a largely Hispanic population composed of undocumented or illegal
immigrants. Concerned that assimilating as
many as 11 million people already here will change the country or simply believing
lawbreakers should not be rewarded, they want these immigrants deported.
Thanks their opposition, Congress has be unable to adopt an
immigration policy. In the absence of
action, the Obama administration, while running what is likely the largest
American deportation program ever, has tried to halt the break-up of
families.
Obama angers his opponents, because he has extended
protection to the immigrant parents of citizens. His critics question whether he has the
authority to take such action, accomplished by giving their possible removal a
low deportation priority. Federal courts
will decide that question.
Some advocates of deporting all illegal immigrants believe
their children, though born in the U.S., should not be allowed to stay and
should leave with them. The problem is
their American citizenship. But who
would take care of the children if they were left behind?
There are a number of obviously wrong answers to these
issues. The children cannot be denied citizenship
without amending the Constitution.
Millions of people cannot be deported.
The president’s move cannot become a permanent substitute for congressional
action.
The answer is a comprehensive new immigration policy. Members of Congress should act and take the
risks that go with leadership. That’s highly
unlikely with national elections not far off.
The U.S. has benefited from immigration, the cause of great
economic growth. More workers and more
customers would help the economy now, but only if Americans and their leaders,
themselves descendents of immigrants, will accept the continued assimilation of
the foreign born.