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Your citizenship, like mine, is an accident of birth. 

You were born here. So was I. The rub is I was born to immigrants who were not yet legal residents.

That makes me a birthright citizen under the 14th Amendment. That also allegedly makes me an “anchor baby.” I’m referring to the assertion that immigrants have come to the U.S. and have  babies only so they can gain  legal residency later.

Real life is more complicated than that for millions of immigrants who come to the U.S. for a variety of reasons — whether they are fleeing violence in their home countries or simply seeking a better life, as generations in our nation of immigrants have done. 

Does the immigration status of my parents really matter? How long ago  did your immigrant ancestors first step foot here? How many generations does it take for citizenship to be “deserved?”

The Constitution’s 14th Amendment says unequivocally that I’m as deserving as the accident of your birth makes you. If you are born here, you’re a U.S. citizen. Me, too. That’s birthright citizenship.

On Jan. 20, newly inaugurated President Donald Trump issued an executive order ending automatic citizenship for babies born to parents who don’t have lawful status in the U.S.  

In a recent 6-3 ruling, the U.S. Supreme Court did not address  the constitutionality of Trump’s order. Instead, it ruled that lower courts have no power to issue nationwide injunctions,  voiding  district courts’  rulings that Trump may not deport people who have been U.S. citizens all their lives.  

After the ruling, some groups began the slow process to challenge the law in a nationwide class action lawsuit. But until the Court decides otherwise, the fundamental question whether someone is considered a U.S. citizen will have different answers in different states. 

Meanwhile, raids on immigrant communities continue.

The Trump administration is clearly emboldened. The Supreme Court’s ruling allows the ban on birthright citizenship to take effect in those 28 states that didn’t challenge the president’s initial executive order. And the administration is counting on the high court to see it his way on the constitutional question eventually.

At this point, I lack the confidence to say it won’t.

I understand the argument that  children born to U.S. citizens are more deserving than I am. “But my ancestors emigrated here legally,” say more “deserving” citizens. Never mind that the barriers to coming to this country legally have moved up and down. Today, even people with demonstrable asylum claims are being shut out.

Back in the day, if you showed up to these shores, you simply got in. It wasn’t until 1924 that the U.S. started enforcing quotas for national origin. Aside from immigrants from Southern and Eastern Europe (deemed then as too foreign, i.e. not white enough), these quotas favored other white immigrants. And it specifically targeted Asians for exclusion.

This preference for white immigrants continues. White immigrants from, say, Canada and Ireland, don’t seem to be affected by this attempted purge.

So let’s be honest. Many of your immigrant ancestors were legal simply by default.

Other people will argue that ICE is targeting immigrants  who have committed violent crimes. A couple of big problems: according to the libertarian CATO Institute, 65% of those taken by ICE have no criminal record and 93% have not committed a violent crime. 

As a group, immigrants are a safer group than U.S.-born citizens. They commit fewer crimes.

The issue is not criminality. It’s race. All across the country,  Latinos are being detained because of the color of their skin.

Some folks insist that the 14th Amendment dealt only with the children of slaves freed after the Civil War. 

Here’s what the amendment says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof (my emphasis), are citizens of the United States and of the State wherein they reside.” 

Clearly, even those here without documents are subject to U.S. and state laws. That puts them under U.S. jurisdiction. The courts have confirmed birthright citizenship as early as the late 19th Century (United States v. Wong Kim Ark.).

Is military service an indication of deserving citizenship?

Immigrants and their children are populations the military covets for recruitment. About 5% of active-duty personnel are children of immigrants and 12%  of living veterans are immigrants or the children of immigrants.

Meanwhile, there is a shrinking pool of Americans able to serve, owing to their own criminality, fitness and, importantly, willingness.

So, maybe this ire for birthright citizens like me is about how much of a drain we are on government services and the economy.

But, bucking a trend for other Americans, the children of immigrants often surpass the economic success of their parents. That’s been true in my family and virtually everyone else with my background I’ve encountered.

So, who deserves to be a citizen?

I contend that a chief quality of those who  deserve citizenship is that they don’t take their citizenship for granted. They know their parents sacrificed much to make it happen. We are proud Americans. We belong here. And we deserve to stay.