Thoughts on Illegal Immigration

     Control of a nation's borders is so clear an attribute of national sovereignty that the elimination of unauthorized crossings is mandatory.  Hardship cases can be addressed by legislation but less than effective enforcement of the nation's laws is simply unacceptable.  I do not personally feel any anger toward the immigrant who seeks employment and a better life for his family by coming here, but Congress and the President must not evade the issue through inadequate enforcement.   

     The more difficult subject is that of children born in the United States to illegal immigrants.  In a recent column George Will tried to develop a persuasive argument that such children are not necessarily American citizens because they may not be considered to be "subject to the jurisdiction of the United States"  as required by the Fourteenth Amendment.  This view is not sustainable, however.  The Constitution addresses only the circumstances of the person born here, not that of his parents as suggested by Mr. Will.  Should the child later commit a crime or be sued in Federal District Court I defy Mr. Will to show why the United States lacks jurisdiction in the matter.  The 'jurisdiction' exception was inserted to apply to children of persons who enjoy diplomatic immunity which, in turn, immunizes their children, and to American Indians in certain cases.  Conservatives, of whom I am one, cannot rationally insist on literal interpretation of the Constitution only when it suits them. 

     What we can do, in cooperation with other governments, is to provide incentives for people not lawfully in this country to return voluntarily to their homeland with their minor children, and to require those who refuse to return to wait their place in line, and to obey our laws in the meantime.  Newt Gingrich has proposed the deposit of part of the pay of illegals in special accounts to be transferred to those who return voluntarily at the time of their return.  This, or other "voluntary deportment" measures,  could merit consideration.  First we must identify them, of course.  Congress, the current President and his predecessors in both parties have evaded their responsibilities egregiously.  However, the absurdity at this late date of attempting to round up some twelve million people and drive them across the border is too obvious to discuss except that those who commit crimes after coming here should be deported immediately or incarcerated.  Those who suggest that we simply tear children from their mothers' arms and cart them to Mexico in a bus are just not dealing with the situation rationally or, frankly, humanely.  As Newt Gingrich says, deporting a person who has been here a long time, developed relationships here, had gainful employment and in other ways been a good citizen should, in the interest of all concerned, be provided with some way of remaining here under specified conditions without, however, being summarily excused.  That may sound like "amnesty" but thinking in labels is not very useful in this situation.  We have a massive problem on our hands created by politicians in Washington and we must now deal with it fairly, compassionately and constitutionally.