February 2012 Public Forum Debate Case (Pro)

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"[A parent from a poor country] can hardly do more for a child than make him (or her) an American citizen, entitled to all the advantages of the American welfare state. It is difficult to imagine a more irrational and self-defeating legal system than one which makes unauthorized entry into this country a criminal offense and simultaneously provides perhaps the greatest possible inducement to illegal entry." These are the words of Lino Graglia Professor of Law at the University of Texas law school.

My partner and I stand in firm affirmation of the resolution; Resolved: Birthright citizenship should be abolished in the United States. To clarify the defining subject of this debate we offer the following definition:

1. Birthright citizenship as defined by James C. Ho of the Mason University School of Law, is the legal application within a nation-state of Jus Soli - right of the soil - AND Jus Sanguinis - right of blood. This is the widely accepted definition as laid out by the 14th amendment.

Contention One: (Birthright Citizenship Encourages Anchor Babies and Birth Tourism)

Birthright citizenship incentivizes “anchor babies” for illegal families. Basically an illegal couple will sneak across the border and have a baby in an American emergency room, that baby becomes a citizen of the USA. Thanks to American immigration law’s family-reunification bias, the family has to stay here because the baby is a citizen in America and cannot be deported along with its parents to the country of their origin. In 1993, the Los Angeles County Board of Supervisors reported that two-thirds of births in Los Angeles County hospitals were to illegal aliens, mostly Mexicans.

According to a report by the Pew Hispanic Center, 3.8 million undocumented immigrants have at least one child who is a citizen." Most children of unauthorized immigrants -- 73 percent in 2008 -- are U.S. citizens by birth," the center says.

That's up from 63 percent in 2003. These statistics...
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