The Wall Street Journal
Kiss the Melting Pot Goodbye
By TAMAR JACOBY
November 19, 2005; Page A7
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Many Americans have come to reject the label, but few question the idea at the heart of the "melting pot" tradition: Immigration works only if immigrants come to feel like full participants in our society, with all the rights, responsibilities and opportunities enjoyed by others, no matter how long they've been here. Developed gradually, partly by accident and partly by design, this approach to social integration is based as much in tradition as in law. But a key element is birthright citizenship -- in practice for whites since the nation's founding, and codified for all in the 14th Amendment: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States . . ." Newcomers put down roots and invest all-out in their lives here because they know their children will be guaranteed full membership. And children, knowing they have a secure place and a shot at the same opportunities as all other young people, feel entitled to aspire to the nation's highest pinnacles of success.
Things are different in Europe. No European nation grants birthright citizenship to the offspring of its immigrants. And largely as a consequence, no European nation has succeeded in giving second-generation newcomers the sense that they truly belong, and are fully entitled participants in the economy, the body politic and mainstream society... It is in this context -- or despite it -- that a consensus is growing among House Republicans (pro- and anti-immigration) in favor of abolishing birthright citizenship. The argument is that illegal immigrants enter the country expressly with the intent of giving birth -- presumably on the theory that if the parents can hold out here illegally for 21 years, the U.S.-born child will eventually be eligible to sponsor them and other relatives for permanent visas. Never mind that no one has found any evidence that this is indeed common practice today. The statistics often cited, of the number of births per year to illegal immigrants, could be births to newly arrived mothers -- or simply to undocumented women (and they now number in the millions) already living permanently in the United States. Still, sentiment is building that ending birthright citizenship would reassert the rule of law.
Proponents of ending birthright citizenship do not imagine that the Constitution will be amended. But a legal scholar, John C. Eastman of Chapman University, claims that the 14th Amendment has been misinterpreted. In his view, the key words are not "born . . . in the United States," but rather "subject to the jurisdiction thereof" -- a phrase he thinks can be used to exclude illegal immigrants by statute. More alarming still, he has convinced several congressmen, and provisions to this effect have been included in two pieces of legislation under consideration in the House. The political risks alone ought to give proponents pause. Just imagine how these proposals look from the point of view of a Hispanic voter. For more than 200 years, common law and then the Constitution granted citizenship to the children of immigrants. But now that it's Latinos who qualify, the Republican Party is mobilizing to change the rules.
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The overwhelming majority would finish out their lives here in the U.S. as second-class noncitizens with no hope of full participation in our society and little incentive to try in school or to aspire to mainstream success. Talk about a recipe for a permanent underclass: legally marginalized, undereducated, languishing near the bottom of the economic ladder and -- can anyone doubt -- increasingly resentful.
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Ms. Jacoby is a senior fellow at the Manhattan Institute.
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