Children of undocumented immigrants
Children of undocumented immigrants are individuals born in a country, such as the United States, to parents who lack legal permission to reside there. These parents may have entered the country illegally or overstayed temporary visas. In the U.S., the Fourteenth Amendment guarantees citizenship to all children born on American soil, including those of undocumented immigrants, which has led to ongoing discussions about immigration policy and citizenship rights. The phenomenon of "birth tourism," where foreign women travel to give birth in the U.S. to secure citizenship for their children, has also emerged, raising ethical and legal questions.
Despite their citizenship status, children of undocumented immigrants face significant challenges. Many come from families where parents work long hours in low-paying jobs, limiting parental involvement in the children's education and leading to poorer academic outcomes. For those children without citizenship, the barriers are even greater, as they struggle to access basic opportunities such as obtaining a driver's license or applying for federal aid for education. Policies like the Deferred Action for Childhood Arrivals (DACA) have provided some protection for undocumented children, allowing them to defer deportation and work legally, although such protections remain politically contentious and subject to change. Overall, the experiences of these children reflect the complexities of immigration, legal status, and the pursuit of opportunity in a new country.
Children of undocumented immigrants
Children of undocumented immigrants are children whose parents live in a foreign country without permission. The parents may have entered the foreign country illegally or may have gained temporary legal admittance but stayed longer than the time allowed. Some of the births are coincidental, but others are planned by parents hoping that having a child in the host country will help them gain citizenship.
In the United States, the Fourteenth Amendment to the Constitution guarantees citizenship to all people born in the United States, which includes the children of undocumented immigrants. With a growing controversy over illegal immigration as well as a high birth rate among non-citizens, some US citizens seek to change the amendment or find other ways to reduce the increase in undocumented populations. Children of undocumented immigrants may face legal entanglements as well as discrimination due to their status.
Overview
Illegal immigrationis any entrance into a country without going through that country's proper legal channels. People immigrate illegally for many reasons. They may do so to avoid a long and difficult legal immigration process, get a job, or escape dangerous conditions and poverty. They may also immigrate illegally to be with family that has already immigrated.
Illegal immigration is a hotly debated topic in the United States. According to the Pew Research Center, in 2017, there were an estimated 10.5 million undocumented immigrants living in the United States, which is less than the record high 12.2 million people in 2007. Of the former number, about 4.9 million undocumented immigrants in the US were from Mexico, just under 50 percent of all undocumented immigrants. Others were primarily from Latin American countries. Experts contend that the large percentage of Mexican undocumented immigrants is primarily due to employment opportunities in America. Countless unskilled labor jobs, such as those in agriculture, have shifted from Mexico to the United States. Additionally, Mexican migrant workers in previous generations were able to legally enter the United States temporarily for employment. Since this is no longer the case, they immigrate illegally instead.
The Fourteenth Amendment to the Constitution guarantees American citizenship to anyone born in an official American territory. The original intent of this amendment was to ensure the citizenship of the children of freed slaves, officially ending the practice of people born into slavery. However, though it is still a controversial interpretation, the Supreme Court has ruled that this also means children of both legal and undocumented foreigners born in America are automatically granted American citizenship. Though this ruling has recently been challenged by conservative politicians, the Supreme Court has not announced plans to review the issue. However, the ruling has allowed some questionably moral and legal actions to take place.
Because foreign children born on American soil are automatically granted American citizenship, an industry called "birth tourism" (similar in some aspects to medical tourism) has developed to help foreign women give birth in America. Birth tourists, who are primarily wealthy Chinese women, pay large amounts of money to stay in the United States for several months, have their baby delivered in their temporary residence, and acquire paperwork for the baby's American citizenship. Children born to birth tourists are often referred to derogatorily as "anchor babies" because when they turn twenty-one, they can sponsor family members for citizenship, which is a quick way to become a legal citizen. Mothers often also want their children to be able to take advantage of the US public school system and later attend an American college or university.
However, the practice is often unsafe for the mothers. Because many do not speak English, they are taken advantage of. Some of the companies that offer this service charge tens of thousands of dollars and advertise high-class residences and top-notch care when in reality the baby is often delivered in unsafe conditions; at least one lawsuit has been filed for the accidental death of a child. Yet as long as the visiting mother is in the country legally (which is not always the case), the process is legal. However, concerned citizens in Los Angeles have sued some of these operations on zoning violation grounds, claiming a commercial enterprise was being run on a residential property, and have attempted to shut them down that way.
Birth tourism is rarely undertaken by undocumented immigrants, primarily because of immigration bans affecting anyone found to have been in the United States illegally for any period greater than 180 days. The bans are not permanent but can last up to ten years. Therefore, it is often more practical for a family to immigrate illegally than to wait twenty-one years for a child to be a sponsor, and then ten additional years for a ban to expire.
Even if they are American citizens, children of undocumented immigrants face lives that are significantly more difficult than those of legal Americans. Undocumented immigrants must often work long hours at low-paying jobs and sometimes must even work more than one full-time job. Because both parental figures must work so many hours and do not want to be discovered as being in the country illegally, they are usually much less involved in the child's schooling and life outside the home. This leads to statistically lower grades and learning abilities for children born of undocumented immigrants. Additionally, any children of undocumented immigrants who are not American citizens face even greater challenges. Without documentation, they cannot apply for a driver's license, federal aid for tuition, and most jobs. Most are relegated to the same long hours and low wages as their parents, even if they manage to get an advanced degree from a college or university. They are also liable to be deported to their country of origin if discovered.
In 2012, legislation was put in place that offered some protection for undocumented immigrants who were brought to the US as children. The Deferred Action of Childhood Arrivals (DACA) policy offered these individuals a renewable two-year period of deferred action from deportation and the ability to apply for a work permit. In 2017 and 2018, the policy was challenged by a new administration, however, the Supreme Court ruled for several injunctions blocking the rescission of the DACA in 2020 and the policy was reinstated by executive order in 2021.
Mark Dziak and Tyler J. Biscontini
Bibliography
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