OPINION:
The 14th Amendment was adopted in 1864 to ensure that newly freed slaves had the same rights and privileges under the law as any other citizen. It has been challenged many times for many reasons, but the case most relevant to immigrant birthrights happened in 1898.
A Chinese-born couple came legally to the U.S. for work, and while here, had a son. That son temporarily left the U.S. Upon his return, the Chinese Exclusion Act of 1882 was in place, so he was denied entry based on his lack of citizenship. The Supreme Court ruled he was a citizen because he had been born in the U.S. of legally admitted parents. He was allowed in.
Should children born here to non-citizens who have entered the country illegally be afforded the same consideration as this those born to legally admitted parents? Under the “unclean hands” doctrine, the plaintiff is rarely granted consideration under the law if the basis of claim is rooted in an illegal act, such as illegal entry. This will be the point on which the Supreme Court is likely to argue and base its decision. This is an important issue because non-citizens should not play any part in deciding U.S. elections.
CHARLES EARY
West Fenwick, Delaware
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