Immigration and Freedom?

The tone of the debate over the nation’s immigration laws has taken an ugly turn as some office-seekers offer solutions to problems that don’t exist.

The natural rights of all persons consist of areas of human behavior for which we do not need and will not accept the need for a government permission slip.

We all expect that the government will leave us alone when we think, speak, publish, worship, defend ourselves, enter our homes, choose our mates or travel. The list of natural rights is endless.

We expect this not because we are Americans, but because we are persons and these rights are integral to our nature. We expect this in America because the Constitution was written to restrain the government from interfering with natural rights.

The Fourteenth Amendment requires this, and its language is inclusive: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States…” Though written to protect former slaves, its language is not limited to them.

Some well-intended folks have argued that the language “all persons” doesn’t really mean “all” because it is modified by “and subject to the jurisdiction (of the United States).” But that language refers to the offspring of mothers who, though here, are still subject to a foreign government — like foreign diplomats, agents or military. It does not refer to those fleeing foreign governments. It does not — and cannot — impose an intent requirement upon infants.

My guess is that nearly “all persons” reading this are beneficiaries of this clause because they — you — were born here.

When the history of our times is written, it might relate that the majority repressed the rights of minorities by demonizing them using appeals to group prejudice — by blaming entire ethnic groups for the criminal behavior of some few members of those groups.

That history might reflect that this was done for short-term political gain.

If that happens, it will have changed America far more radically and dangerously than any wave of undocumented immigrants did.

And that would be profoundly and perhaps irreparably un-American.

Reprinted with the author’s permission.